1994)"

^/kfn/ 7 ^34-/A2 /NGf7

JAN 6 1994

KATHRINE R EVERETT
LAW LIBRARY

"ELTrr*,, "abeG

The
flORTH CAROLINA

IN THIS ISSUE

IN ADDITION

EHNR - Health Services

Wildlife Resources Commission Proclamation

PROPOSED RULES

Environment, Health, and Natural Resources

Human Resources

Practicing Psychologists

Public Education

Transportation

LIST OF RULES CODHTED

RRC OBJECTIONS

RULES INVALIDATED BY JUDICIAL DECISION

CONTESTED CASE DECISIONS

ISSUE DATE: January 3, 1994

Volume 8 • Issue 19 • Pages 1850 - 1941

INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE

NORTH CAROLINA REGISTER

The North Carolina Register is published twice a monlh and
contains information relating to agency, executive, legislative and
judicial actions required by or affecting Chapter 150B of the
Genera] Statutes. All proposed administrative rules and notices of
public hearings filed under G.S. 150B-21.2 must be published in
the Register. The Register will typically comprise approximately
fifty pages per issue of legal text.

State law requires that a copy of each issue be provided free of
charge to each county in the state and to various state officials and
institutions.

The North Carolina Register is available by yearly subscription
at a cost of one hundred and five dollars (S105.00) for 24 issues.
Individual issues may be purchased for eight dollars (S8.00).

Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings,
P. 0. Drawer 27447, Raleigh, N. C. 27611-7447.

TEMPORARY RULES

Under certain emergency conditions, agencies may issue
temporary rules. Within 24 hours of submission to OAH, the
Codifier of Rules must review the agency's written statement of
findings of need for the temporary rule pursuant to the provisions in
G.S. 150B-21.1. If the Codifier determines that the findings meet
the criteria in G.S. 150B-21 .1, the rule is entered into the NCAC. If
the Codifier determines that the findings do not meet the criteria,
the rule is returned to the agency. The agency may supplement its
findings and resubmit the temporary rule for an additional review
or the agency may respond that it will remain with its initial
position. The Codifier, thereafter, will enter the rule into the
NCAC. A temporary rule becomes effective either when the
Codifier of Rules enters the rule in the Code or on the sixth
business day after the agency resubmits the rule without change.
The temporary rule is in effect for the period specified in the rule or
180 days, whichever is less. An agency adopting a temporary rule
must begin rule-making procedures on the permanent rule at the
same tune the temporary rule is filed with the Codifier.

ADOPTION AMENDMENT, AND REPEAL OF
RULES

NORTH CAROLINA ADMINISTRATIVE CODE

The following is a generalized statement of the procedures to be
followed for an agency to adopt, amend, or repeal a rule. For the
specific statutory authority, please consult Article 2A of Chapter
150B of the General Statutes.

Any agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register. The notice must include the time and place of the public
hearing (or instructions on how a member of the public may request
a hearing); a statement of procedure for public comments; the text
of the proposed rule or the statement of subject matter; the reason
for the proposed action; a reference to the statutory authority for the
action and the proposed effective date.

Unless a specific statute provides otherwise, at least 15 days
must elapse following publication of the notice in the North
Carolina Register before the agency may conduct the public
hearing and at least 30 days must elapse before the agency can take
action on the proposed rule. An agency may not adopt a rule that
differs substantially from the proposed form published as part of
the public notice, until the adopted version has been published in
the North Carolina Register for an additional 30 day comment
period.

When final action is taken, the promulgating agency must file
the rule with the Rules Review Commission (RRC). After approval
by RRC. the adopted rule is filed with the Office of Administrative
Hearings (OAH).

A rule or amended rule generally becomes effective 5 business
days after the rule is filed with the Office of Administrative
Hearings for publication in the North Carolina Administrative Code
(NCAC).

Proposed action on rules may be withdrawn by the promulgating
agency at any time before final action is taken by the agency or
before filing with OAH for publication in the NCAC.

The North Carolina Administrative Code (NCAC) is a
compilation and index of the administrative rules of 25 state
agencies and 38 occupational licensing boards. The NCAC
comprises approximately 15,000 letter size, single spaced pages of
material of which approximately 35% of is changed annually.
Compilation and publication of the NCAC is mandated by G.S.
150B-21.18.

The Code is divided into Titles and Chapters. Each state agency
is assigned a separate title which is further broken down by
chapters. Title 21 is designated for occupational licensing boards.

The NCAC is available in two formats.

(1) Single pages may be obtained at a minimum cost of
two dollars and 50 cents (S2.50) for 10 pages or less,
plus fifteen cents (SO. 15) per each additional page.

(2) The full publication consists of 53 volumes, totaling in
excess of 15,000 pages. It is supplemented monthly
with replacement pages. A one year subscription to the
full publication including supplements can be
purchased for seven hundred and fifty dollars
(S750.00). Individual volumes may also be purchased
with supplement service. Renewal subscriptions for
supplements to the initial publication are available.

Requests for pages of rules or volumes of the NCAC should be
directed to the Office of Administrative Hearings.

CITATION TO THE NORTH CAROLINA
REGISTER

The North Carolina Register is cited by volume, issue, page
number and date. 1:1 NCR 101-201, April 1, 1986 refers to
Volume 1, Issue 1, pages 101 through 201 of the North Carolina
Register issued on April 1, 1986.

FOR INFORMATION

CONTACT

Office

Administrative Hearings,

ATTN: Ru

Division,

P.O.

Drawer 27447, Raleigh, North Carolina

27611-7447.

(919)

733-2678.

NORTH
CAROLINA
REGISTER

Office of Administrative Hearings

P. O. Drawer 27447

Raleigh, North Carolina 27611-7447

(919) 733-2678

ISSUE CONTENTS

I. IN ADDITION

EHNR - Health Services 1850

Wildlife Resources Commission
Proclamation 1851

II. PROPOSED RULES

Environment, Health, and
Natural Resources

Coastal Management 1862

Environmental Management .... 1858
Human Resources

Mental Health, Developmental
Disabilities and Substance Abuse

Services 1852

Licensing Board

Practicing Psychologists 1880

Public Education

Elementary and Secondary 1873

Transportation

Motor Vehicles, Division of .... 1875

III. LIST OF RULES CODIFIED

1881

Julian Mann III,

Director
James R. Scarcella Sr. ,

Deputy Director
Molly Masich,

Director of APA Services

Staff:

Ruby Creech,

Publications Coordinator
Teresa Kilpatrick,

Editorial Assistant
Jean Shirley,

Editorial Assistant

This publication is printed on permanent,
acid-free paper in compliance with
G.S. 125-11.13.

IV. RRC OBJECTIONS 1898

V. RULES INVALIDATED BY

JUDICIAL DECISION 1903

VI. CONTESTED CASE DECISIONS

Index to AI_J Decisions 1904

Text of Selected Decisions

91 EEO 0536 1914

93 OSP 0522 1922

93 OSP 0523 1922

93 DHR 0529 1926

93 OSP 0567 1922

VH. CUMULATIVE INDEX 1938

NORTH CAROLINA REGISTER

Publication Schedule

(July 1993 - May 1994)

Volume
and
Issue

Number

Issue
Date

Last Day

for

Filing

Last Day
for Elec-
tronic
Filing

Earliest

Date for

Public

Heanng

15 days

from

notice

* End of

Required

Comment

Period

30 days

from

notice

Last Day

to Submit

to RRC

** Earliest

Effective

Date

8:7

07/01/93

06/10/93

06/17/93

07/16/93

08/02/93

08/20/93

10/01/93

8:8

07/15/93

06/23/93

06/30/93

07/30/93

08/16/93

08/20/93

10/01/93

8:9

08/02/93

07/12/93

07/19/93

08/17/93

09/01/93

09/20/93

11/01/93

8:10

08/16/93

07/26/93

08/02/93

08/31/93

09/15/93

09/20/93

11/01/93

8:11

09/01/93

08/11/93

08/18/93

09/16/93

10/01/93

10/20/93

12/01/93

8:12

09/15/93

08/24/93

08/31/93

09/30/93

10/15/93

10/20/93

12/01/93

8:13

10/01/93

09/10/93

09/17/93

10/18/93

11/01/93

11/22/93

01/01/94

8:14

10/15/93

09/24/93

10/01/93

11/01/93

11/15/93

11/22/93

01/01/94

8:15

11/01/93

10/11/93

10/18/93

11/16/93

12/01/93

12/20/93

02/01/94

8:16

11/15/93

10/22/93

10/29/93

11/30/93

12/15/93

12/20/93

02/01/94

8:17

12/01/93

11/05/93

11/15/93

12/16/93

01/03/94

01/20/94

03/01/94

8:18

12/15/93

11/24/93

12/01/93

12/30/93

01/14/94

01/20/94

03/01/94

8:19

01/03/94

12/08/93

12/15/93

01/18/94

02/02/94

02/21/94

04/01/94

8:20

01/14/94

12/21/93

12/30/93

01/31/94

02/14/94

02/21/94

04/01/94

8:21

02/01/94

01/10/94

01/18/94

02/16/94

03/03/94

03/21/94

05/01/94

8:22

02/15/94

01/25/94

02/10/94

03/02/94

03/17/94

03/21/94

05/01/94

8:23

03/01/94

02/08/94

02/15/94

03/16/94

03/31/94

04/20/94

06/01/94

8:24

03/15/94

02/22/94

03/10/94

03/30/94

04/14/94

04/20/94

06/01/94

9:1

04/04/94

03/11/94

03/18/94

04/19/94

05/04/94

05/20/94

07/01/94

9:2

04/15/94

03/24/94

03/31/94

05/02/94

05/16/94

05/20/94

07/01/94

9:3

05/02/94

04/11/94

04/18/94

05/17/94

06/01/94

06/20/94

08/01/94

9:4

05/16/94

04/25/94

05/02/94

05/31/94

06/15/94

06/20/94

08/01/94

Note: Tune is computed according to the Rules of Civil Procedure, Rule 6.

* An agency must accept comments for at least 30 days after the proposed text is published or until the date
of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures.

** The "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above,
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next
calendar month.

Reused 07/93

IN ADDITION

This Section contains public notices that are required to be published in the Register or have been
approved by the Codifier of Rules for publication.

TITLE 15A
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

COMMISSION FOR HEALTH SERVICES

In the North Carolina Register of December 15, 1993 (8:18 NCR 1787-1788), notice was given that the
EHNR-Commission for Health Services intended to adopt rules cited as 15A NCAC 16A .1301 - .1305 to
enable the AIDS Care Branch to administer a Medicaid-reimbursed HIV Case Management Program. The
proposed rules have been withdrawn, and it will not be considered at the public hearing to be conducted
January 5, 1994, at the Highway Building in Raleigh. These rules will be resubmitted in the near future
by the DHR - Division of Medical Assistance, and another public hearing on these rules will be scheduled
at that time.

8:19 NORTH CAROLINA REGISTER January 3, 1994 1850

IN ADDITION

North Carolina Wildlife Resources Commission

512 N. Salisbury Street, Raleigh, North Carolina 27604-1 1!
Charles R. Fullwood, Executive Director

5, 919-733-3391

PROCLAMATION

Charles R. Fullwood, Executive Director, North Carolina Wildlife Resources Commission, acting pursuant
to North Carolina General Statute §113-292 (cl) and authority duly delegated by the Wildlife Resources
Commission, hereby declares that the season for harvesting striped bass by hook-and-line shall remain closed
in all waters of the Roanoke River Striped Bass Management Area until 12:01 a.m. 18 February 1994.

Effective 18 February 1994 striped bass may be harvested from 12:01 a.m on Fridays through 12:00
midnight on Sundays. From 12:01 a.m. on Mondays through 12:00 midnight on Thursdays all striped bass
regardless of condition shall be immediately returned to the waters where taken and no striped bass may be
possessed.

The Roanoke River Striped Bass Management Area is defined as the inland and joint fishing waters of the
Roanoke River and its tributaries, extending from its mouth to Roanoke Rapids Dam, including the Cashie,
Middle, and Eastmost rivers and their tributaries.

This proclamation shall be effective at 12:01 a.m. 1 January 1994 and shall remain in effect until a new
proclamation closing described waters or portions thereof for striped bass fishing is issued.

NOTES:

a) This Proclamation is issued under the authority of N.C.G.S. §§113-132; 113-134; 113-292; 113-
304; and 113-305.

b) All striped bass regardless of condition taken subsequent to the effective date and time of this
Proclamation shall be immediately returned to the waters where taken and no striped bass may
be possessed.

c) Any person who violates this Proclamation also violates applicable law and is subject to the
sanctions provided by law.

NORTH CAROLINA WILDLIFE RESOURCES COMMISSION

by Charles R. Fullwood

Executive Director

12/09/93
Date

1851

8:19

NORTH CAROLINA REGISTER

January 3, 1994

IN ADDITION

TITLE 10 - DEPARTMENT OF
HUMAN RESOURCES

Notice is hereby given in accordance with G.S.
150B-21. 2 that the Commission for Mental Health,
Developmental Disabilities and Substance Abuse
Services intends to amend rules cited as 10 NCAC
14K .0201; 14Q .0305; adopt 140 .0701, .0704,
.0708, .0709; 18N .0601 and .0603, with changes
from the proposed text noticed in the Register,
Volume 8, Issue 13, pages 1217 - . 1248.

1 he proposed effective date of this action is April
1, 1994.

ixeason for Proposed Action; To provide public
notice of substantive changes made at the Novem-
ber 9, 1993 public hearing regarding requirements
contained in "Licensure Rules" and "Standards"
for residential services.

Lsonvnent Procedures; Written comments may be
submitted to Charlotte Tucker, Division of Mental
Health, Developmental Disabilities and Substance
Abuse Services, Albemarle Building, 325 N.
Salisbury Street, Raleigh, N.C. 27603. These
comments will be accepted from January 3, 1994
through February 7, 1994.

Auditor's Note: An agency may not adopt a rule
that differs substantially from the text of a pro-
posed rule published in the Register, unless the
agency publishes the text of the proposed differ-
ent rule and accepts comments on the new text
for at least 30 days after the publication of the
new text.

or substance abusers without first obtaining a
license from the Division of Facility Services, 701
Barbour Drive, Raleigh, N.C. 27603.

£b} In accordance with G.S. 122C-3H4) a
facility shall be licensed if the primary purpose of
the facility is to provide services for the care,
treatment, habilitation or rehabilitation for one or
more minors, or for two or more adults who are
mentally ill, developmentally disabled or are
substance abusers as follows:

(1) When the primary purpose of a 24-hour
facility is to provide treatment, the
facility shall be licensed in accordance
with rules specific to the type of treat-
ment provided or the population served;
or

(2) When the primary purpose of a 24-hour
facility is to provide habilitation, reha-
bilitation, or care in a home environ-
ment; thereby necessitating the presence
of an employee who will provide client
supervision, the facility shall be
licensed under the provisions of 10
NCAC 14Q .0700 - Supervised Living.

coordinated, organized or provided for or in
conjunction with adult clients by the provision of
case management or personal assistance shall not
be considered residential facilities that require
licensing under G.S. 122C.

Material adopted by reference shall include
subsequent amendments and editions.

Statutory Authority G.S. 122C-3; 122C-23; 122C-
26; 143B-174.

SUBCHAPTER 140 - LICENSURE RULES

FOR FACILITIES SERVING MORE

THAN ONE DISABILITY

CHAPTER 14 - MENTAL HEALTH:
GENERAL

SUBCHAPTER 14K - CORE LICENSURE

RULES FOR MENTAL HEALTH: MENTAL

RETARDATION AND OTHER

DEVELOPMENTAL DISABILITIES:

AND SUBSTANCE ABUSE FACILITIES

SECTION .0200 - LICENSURE

.0201 LICENSE REQUIRED

(a) No person shall establish, maintain or oper-
ate a licensable facility for the mentally ill, mental-
ly retarded or otherwise developmentally disabled

SECTION .0700 - SUPERVISED LIVING

.0701 SCOPE

(a) Supervised living is the designation of a 24-
hour facility which provides residential services to
individuals in a home environment where the
primary purpose of these services is the care,
habilitation or rehabilitation of individuals who
have a mental illness, a developmental disability or
disabilities, or who have a substance abuse
problem, and who require supervision when in the
residence.

(b) A supervised living facility shall be licensed
if the facility serves:

(1) one or more clients under the age of

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1852

PROPOSED RULES

18; or
(2) two or more adult clients.

Statutory Authority G.S. 143B-147.

.0704 STAFF REQUIREMENTS

(a) Staff-client ratios shall be designed to
provide staff to respond to individualized client
needs.

fb) A minimum of one staff member shall be
present at all times when any adult client is on the
premises, except when approval has been given for
the client to remain unsupervised in the home, and
provided that:

(1) the client has been deemed capable of
remaining in the home without supervi-
sion for a specified period time by a
qualified professional of the operating
agency or area program; and

(2) the approval is documented in the
client's record.

(c) Staff shall be present in a facility in the
following client-staff ratios when more than one
child or adolescent client is present:

(1 ) children or adolescents with mental
illness or emotional disturbance shall be
served with one staff present for each
four or fewer clients present;
children or adolescents with substance

121

abuse shall be served with a minimum
of one staff present for each five or
fewer minor clients present during
waking hours: or

children or adolescents with develop-
mental disabilities shall be served with
one staff present for each one to three
clients present and two staff for each
four or more clients present. However,
only one staff member need be present
during sleeping hours if emergency
back-up procedures are sufficient to
allow only one staff member on duty.

Statutory- Authority- G.S. 143B-147.

.0708 PROGRAM ACTIVITIES

(a) Each client shall have the opportunity to
participate in normal independent living activities.

(b) Each client shall be involved in treatment,
rehabilitation, vocational, educational, employ-
ment, social and community activities on a regular
basis in accordance with the needs of the client.

(c) For each client with a developmental disabil-
ity, staff shall provide daily training activities in
accordance with the client's needs.

Statutory- Authority G.S. 143B-147.

.0709 CLIENT TRATNTNG IN
HEALTH AND SAFETY

(a) Each adolescent and adult client shall receive
training and be given opportunities to obtain
independent living skills.

(b) Each client shall receive instructions in
obtaining services |n emergency situations.

Statutory- Authority- G S. 143B-147.

SUBCHAPTER 14Q - GENERAL RIGHTS

SECTION .0300 - GENERAL CIVIL,
LEGAL AND HUMAN RIGHTS

.0305 PROTECTION FROM HARM.
ABUSE. NEGLECT OR
EXPLOITATION

(a) Employees shall protect clients from harm,
abuse, neglect and exploitation in accordance with
G.S. 122C-66.

(b) Employees shall not subject a client to any
sort of neglect or indignity, or inflict abuse upon
any client.

(d) Employees shall use only that degree of
force necessary to repel or secure a violent and
aggressive client and which is permitted by gov-
erning body policy. The degree of force that is
necessary depends upon the individual characteris-
tics of the client (such as age, size and physical
and mental health) and the degree of aggressive-
ness displayed by the client. Use of intervention
procedures shall be compliance with Subchapter 10
NCAC 14R of this Chapter.

(e) Any violation by an employee of Paragraphs
(a) through (d) of this Rule shall be grounds for
dismissal of the employee.

Statutory- Authority G.S. 122C-59; 122C-65; 122C-
66; 143B-147.

CHAPTER 18 - MENTAL HEALTH:
OTHER PROGRAMS

SUBCHAPTER 18N - OPTIONAL
SERVICES FOR LNDIVIDUALS
OF ALL DISABILITY GROUPS

SECTION .0600 - PERSONAL
ASSISTANCE

1853

8:19

NORTH CAROLINA REGISTER

January 3, 1994

PROPOSED RULES

.0601 SCOPE

(a) Personal assistance is a service which
provides aid to a client who has mental illness,
developmental disabilities or substance abuse so
that the client can engage in activities and
interactions from which the client would otherwise
be limited or excluded because of his disability or
disabilities. The assistance includes:

(1) assistance in personal or regular living
activities in the client's home;

(2) support in skill development; or

(3) support and accompaniment of the
client in regular community activities or
in specialized treatment, habilitation or
rehabilitation service programs.

(b) If these Rules are in conflict with Medicaid
rules or Medicare regarding Personal Care, and
Medicaid or Medicare is to be billed, then the
Medicaid or Medicare rules shall prevail .

Statutory Authority G.S. 143B-147.

.0603 STAFF TRAINING

Individuals who are employed to provide
personal assistance shall have:

(1) at least a high-school diploma or its
equivalent; and

(2) special training regarding the needs of the
specific client for whom assistance will
be provided.

Statutory Authority G.S. 143B-147.

* * *

10 NCAC 16A .0401 - .0403 - These Rules are
proposed for adoption to implement the 1993
legislation, and to clarify roles and scope of
responsibilities of area programs in carrying out
House Bill 513.

10 NCAC 18L .1515 - The Rule is proposed for
amendment for clarification to remove the expecta-
tion that the State Interagency Coordinating
Council actually carries out the mediation.
10 NCAC 18M .0802 - Recently, the CARF stan-
dards were expanded and additional ADAP stan-
dards covered. This change updates the deeming
to include those additional standards.
10 NCAC 18M .0818 - The proposed amendments
are to clarify language by substituting "develop-
mental disabilities " for "mental retardation. "

K^omment Procedures: Any interested person may
present comments by oral presentation or submit-
ting a written statement. Persons wishing to make
oral presentations should contact Charlotte Tucker,
Division of Mental Health, Developmental Disabil-
ities and Substance Abuse Services, 325 N. Salis-
bury Street, Raleigh, N. C. 27603, 919-733-4774.
Comments submitted as a written statement must
be sent to the above address no later than Febru-
ary 7, 1994, and must state the Rules to which the
comments are addressed. Time limits for oral
remarks may be imposed. Fiscal information
regarding these Rules is available from the Divi-
sion upon request.

CHAPTER 16 - MENTAL HEALTH:
MR CENTERS

I\otice is hereby given in accordance with G.S.
150B-21.2 that the Commission for Mental Health,
Developmental Disabilities and Substance Abuse
Services intends to adopt rules cited as 10 NCAC
16A .0401 - .0403; amend 18L.1512; 18M .0802
and .0818.

1 he proposed effective date of this action is April
1, 1994.

1 he public hearing will be conducted at 1:30
p.m. on February 8, 1994 at the Sheraton Inn-
Kinston, 1403 Richland Rd. , Salon C &D (Meet-
ing Room), Kins ton, N. C. 28501.

easonfor Proposed Action:

SUBCHAPTER 16A - GENERAL
RULES FOR MR CENTERS

SECTION .0400 - SINGLE PORTAL OF
ENTRY AND EXIT DESIGNATION

.0401 SCOPE

(a) The rules in this Section a pply to single
portal of entry and exit policy for public and
private services for individuals with developmental
disabilities as set forth in G.S. 122C-132.1.

fb) Services provided under the following
authorities shall be subject to the rules of this
Section:

i\} G.S. 122Cand 131D-2;
{2} Part A of Article 6 of Chapter 13 IE;
£3} Article 7 of Chapter 110;
(4) Rules of the Division of Vocational
Rehabilitation Services; and

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1854

PROPOSED RULES

151

Rules of the Social Services Commis-

staff of the local area mental health

ill
ill

authority; and

public and private providers of
day/night and residential services for
persons with mental retardation and
developmental disabilities.

Statutory Authority G.S. 143B-147.

.0402 EXPLANATION OF TERMS

For the purposes of the rules in this Section, the
following terms shall have the meanings indicated:

(1) "Community Interagency Council" means
a group of human service professionals
from various agencies and organizations
who:

fj)

lb]

icj

function under the guidance of the area
mental health, developmental
disabilities and substance abuse author-
ity;

assist in planning for the needs of
individuals with developmental
disabilities; and
provide general

fil
fill

(iii)

ill

14}
£5}
(6}

information and
education to the community in:

identifying client needs;

identifying available resources and

alternatives; and

determining a client's appropriateness

for services within various agencies in

the community.
"Coordinator of developmental
disabilities" means the designated staff
employed by the area authority who
coordinates services, at the local level, to
individuals with mental retardation and
developmental disabilities.
"Day/night and 24-hour service" means
the same as defined in G.S. 122C-3.
"Developmental disabilities" means the
same as defined in G.S. 122C-3.
"Funded jointly" means funding from two
or more sources/agencies.
"Individual" means the same as "client"
as defined in G.S. 122C-3.

"Notification procedures for provision of
services" means services provided by one
area program in another area program's
catchment area, as specified in K) NCAC
18A .0605.
(8) "Review" means an organized protocol to

121

access the needs of individuals for
day/night and 24-hour services to ensure
appropriate referrals.
"Single portal of entry and exit policy"
means the same as defined in G.S. 122C-
3^ with the following exception: "may be
adopted by an area authority and shall be
approved by the Secretary before it is in
force" should read "shall be adopted by
an area authority and shall be ap proved
by the Secretary before it is in force. "
"Waiting list" means a functional listing
of persons who are in need of day/night
and 24-hour services.

Statutory Authority G.S. 143B-147.

.0403 DESIGNATION PROCEDURES

(a) Each area authority shall develop a single
portal of entry and exit plan that shall include, but
not be limited to:

listing

10)

ill

services to be

(A)
IB}

L£l

ID}
1
£A}

a specific listing of
covered by the plan;
procedures for:

review of individuals to be admitted

to or discharged from services;

shared responsibility when individuals

are admitted directly to a State

facility;

review of facility and citizen

complaints; and

specific grievance process;
provisions for:

services funded

authorities and

agencies;
services funded

jointly
local

by area
education

authorities and

jointly by area
the Division of
Vocational Rehabilitation;

(C) decision-making within the
Community Interagency Council with
details regarding the authority of the
area program for input and final
decision;

(D) residential facilities located in an area
program serving

mental health

statewide/regional clients; and

(E) placement of clients outside their

county of residence;

(4) a process for maintaining a functional

waiting list which shall contain, but not

be limited to, the following

documentation for each potential client:

(A) name and identifying information;

(B) referral date;

1855

8:19

NORTH CAROLINA REGISTER

January 3, 1994

PROPOSED RULES

(D) identified disability;

(E) requested type of service which shall
include, but not be limited to:

(i) name and location of service

referred to;
(ii) date of need for service;
(iii) service availability; and

(F) status of referral which includes
following;

(i) slot availability;
(ii) acceptance of referral;
(iii) date of enrollment;
(iv) rejection of referral; and
(5) documentation of:

(A) the effort to integrate independent
facilities into a unified and
coordinated system;

(B) the promotion of quality care; and

(b) The area authority shall ensure:

£2)

13)

adherence to notification procedures as
set forth in 10 NCAC 18A .0605
NOTIFICATION PROCEDURES FOR
PROVISION OF SERVICES;

compliance with P.L. 99-457 regarding
45-day waiting list;

that annual summary reports for waiting
lists are submitted to the Division by
January 30 of each year which shall

include, but need not be limited to:

(A) the information as specified in
Subparagraph (a)(4) of this Rule;

(B) types of services (all clients referred
to each service including date, status,
and number of days waiting by
service type code);

im
im

IE)

£4)

15}

service type code);

providers of services (providers in

provider code order);

provider statistics on referrals

(providers with number of referrals

and length of waiting period);

service type statistics (service types

with number of referrals and length of

waiting period); and

frequency report (providers, service

types and age groups with the number

of referrals for each and the percent

of the total it represents;

review of the plan by the Community

Interagency Council for approval by the

Area Board;

that the plan is forwarded to the

Division to be approved by the
Secretary;

(6) that any changes in the plan are
approved by the Secretary, once the
area is designated as single portal; and

(7) that the approved plan is made available
to local providers.

the Statutory Authority G.S. 143B-1 47.

CHAPTER 18 - MENTAL HEALTH:
OTHER PROGRAMS

SUBCHAPTER 18L - PROGRAM

COMPONENT OPERATIONAL

STANDARDS

SECTION .1500 - EARLY INTERVENTION
SERVICES PROCEDURE SAFEGUARDS

.1512 MEDIATION

(a) Parents of an eligible child may request
mediation to resolve a complaint as an intervening
step prior to the administrative proceeding. If
mediation is requested, the mediation shall take
place prior to the administrative proceeding.
Mediation shall be conducted by the Governor's

Interagency Advisory Council — which was-

established in response to P.L. 99 4 57. Mediation
may not be used to deny or delay a parent's right
to speedy complaint resolution. — The mediative,
administrative — proceeding — aad — written — decision
mu s t be completed within the 30 day timeline set
forth in Rule .1517 of this Section.

(b) An impartial person shall be:

(1) appointed by the area director to serve
as a mediator;

(2) selected from a Hst of mediators
approved by the Chief of the Develop-
mental Disabilities Section of the
Division; and

(3) subject to qualifications of an impartial
person as specified in Section 303.421
of Subpart E of Part 303 of Title 34 of
the Code of Federal Regulations. This
adoption by reference shall include any
subsequent amendment and editions of
the referenced material.

(d) Mediation may not be used to deny or delay
a parent's right to speedy complaint resolution.
The mediative, administrative proceeding and
written decision must be completed within the 30-
day timeline set forth in Rule .1517 of this

8:19

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January 3, 1994

1856

PROPOSED RULES

Section.

Statutory Authority G.S. 143B-147; 150B-I(d); 20
U.S.C. Sections 1401 et. seq. , 1471 et. seq..

SUBCHAPTER 18M - REQUIRED
SERVICES

SECTION .0800 - ADULT

DEVELOPMENTAL ACTIVITY

PROGRAMS (ADAP) FOR

INDIVIDUALS WITH SUBSTANTIAL

MENTAL RETARDATION, SEVERE

PHYSICAL DISABILITIES OR OTHER

SUBSTANTIAL DEVELOPMENTAL

DISABILITIES

.0802 COMPLIANCE REVIEW

(a) An ADAP that is accredited by the
Commission on Accreditation of Rehabilitation
Facilities (CARF) in the Activity Service track or
an ADAP which also incorporates work activity
training in its program and which is accredited by
CARF in the Activity Service and Work
Adjustment or Work Service tracks shall be
reviewed for compliance with 10 NCAC 18K
(Contract Agency Management Standards) and 10
NCAC 18L (Program Component Operational
Standards) and with according to the provisions of
this Section as follows:

(1) Each ADAP which is operated by the
area program shall comply with 10
NCAC 18L .0434; .0703; .0705;
.0806; and . 1307, contained in Division
publication, Standards for Area
Programs and Their Contract Agencies.
APSM 35-1; all of the standards
delineated in 10 NCAC 18L; and each
ADAP which is under contract with an
area program shall comply with the
standards delineated in 10 NCAC 18K
and 10 NCAC 18L; and

(2) Each ADAP which js under contract
with an area program:

(A) shall comply with:

£i) 10 NCAC 18D .0124, contained
i_n Division publication.
Confidentiality Rules, APSM 45-
ii and 10 NCAC 181 .0120; 18K
.0111; 18L .0434; .0703; .0705;
.0806; and .1307, contained in
Division publication. Standards
for Area Programs and Their
Contract Agencies, APSM 35-1;
ijil 10 NCAC 18L .0224 and .0511,

if these are not addressed in the
contract with the area program;

(B) shall maintain client record
documentation, as required by the
Division; and

(33) Each ADAP, whether operated by the

area program^ or under contract with an

area program, shall be reviewed for

compliance with the following Rules

.0817 in this Sectiont .0817, .0818 and

t0834.

(b) The ADAP shall submit to the funding

agency a copy of its most recent CARF Facilities

Survey Report, and, if applicable, the Plan of

Compliance and subsequent notice of CARF's

acceptance of the correctionfs) made in accordance

with the plan.

Statutory Authority G.S. 143B-147.

.0818 ADMISSION CRITERIA AND
PROCEDURES

(a) Each ADAP shall have an admissions
committee.

(b) A pre-admission staffing shall be held for
each client considered for admission to the ADAP.
During the staffing, the committee shall consider
information available regarding the client's
medical, psychological and social histories.

(c) Results of the pre-admission staffing shall be
documented and forwarded to the referral agency.
A representative of the ADAP admissions
committee shall notify the client.

(d) Each ADAP shall have written admission

policies and procedures- These — policies and

procedures shall which shall include at least the
following:

(1) Each client shall be referred to the
Division of Vocational Rehabilitation
Services with written documentation of
this referral.

(2) A qualified mental retardation

developmental disabilities professional
of the area program shallj. obtain a
written — recommendation — from — the

vocational rehabilitation counselor

recommending — consideration — fef — a
placement in the ADAP.

(A) obtain a recommendation from the
vocational rehabilitation counselor for
placement [n the ADAP; and

(3B) A qualified developmental disabilities

1857

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January 3, 1994

PROPOSED RULES

professional of the area program shall
certify the eligibility of each client for
the ADAP service^ taking into
consideration at least the provision of
(by, and (d)(1) and (2) of this Rule.

Statutory Authority G.S. 122C-51; 143B-147.

TITLE 15A - DEPARTMENT OF

ENVIRONMENT, HEALTH, AND

NATURAL RESOURCES

Notice is hereby given in accordance with G.S.
150B-21.2 that the EHNR-Environmental Manage-
ment Commission intends to amend rules cited as
15 A NCAC 2B .0306, .0309 and .0311.

1 he proposed effective date of this action is July
1, 1994.

1 he public hearings will be conducted at:

7:00 p.m.

March 14, 1994

Parkland High School Auditorium

1600 Brewer Road

Winston-Salem, NC

7:00 p.m.

March 15, 1994

Catawba Valley Community College Auditorium

2550 Highway 70 SE

Hickory, NC

7:00 p.m.

March 17, 1994

Lee County Courthouse

Courtroom 1

1408 South Horner Boulevard

Sanford, NC

Keason for Proposed Action: To appropriately
classify surface waters in the Broad, Yadkin and
Cape Fear River Basins. Reclassifications are
associated with surface water supplies that were
not classified correctly during the major effort
undertaken in 1991 and 1992 to reclassify surface
water supply watersheds according to the require-
ments of the Water Supply Watershed Protection
Act (NCGS 143-214.5).

(comment Procedures: All persons interested in

these matters are invited to attend. Comments,
statements, data and other information may be
submitted in writing prior to, during or within 30
days after the hearing or may be presented verbal-
ly at the hearing. Verbal statements may be
limited at the discretion of the hearing officer.
Submittal of written copies of verbal statements is
encouraged. Comments or questions may be
addressed to Steve Zoufaly, Division of Environ-
mental Management, P.O. Box 29535, Raleigh,
NC 27626-0535, (919) 733-5083.

1 hese Rules affects the expenditures or revenues
of local funds. A fiscal note was submitted to the
Fiscal Research Division on 11/22/93, OSBM on
11/22/93, N.C. League of Municipalities on
11/22/93, and N.C. Association of County Com-
missioners on 11/22/93.

CHAPTER 2 - ENVIRONMENTAL
MANAGEMENT

SUBCHAPTER 2B - SURFACE
WATER STANDARDS: MONITORING

SECTION .0300 - ASSIGNMENT OF
STREAM CLASSIFICATIONS

.0306 BROAD RIVER BASIN

(a) Places where the schedules may be inspect-
ed:

(1) Clerk of Court:
Buncombe County
Cleveland County
Gaston County
Henderson County
Lincoln County
McDowell County
Polk County
Rutherford County

(2) North Carolina Department of Environ-
ment, Health, and Natural Resources:

(A) Mooresville Regional Office
919 North Main Street
Mooresville, North Carolina

(B) Asheville Regional Office
Interchange Building

59 Woodfin Place
Asheville, North Carolina

(b) Unnamed Streams. Such streams entering
South Carolina are classified "C".

8:19

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January 3, 1994

1858

PROPOSED RULES

effective:

(1) March 1, 1977;

(2) February 12, 1979;

(3) August 12, 1979;

(4) April 1, 1983;

(5) February 1, 1986;

(6) August 3, 1992;

(7) July 1, 1994.

(d) The Schedule of Classifications and Water
Quality Standards for the Broad River Basin was
amended effective August 3, 1992 with the reclas-
sification of all water supply waters (waters with
a primary classification of WS-I, WS-II or WS-
III). These waters were reclassified to WS-I, WS-
II, WS-III, WS-IV or WS-V as defined in the
revised water supply protection rules, (15A NCAC
2B .0100, .0200 and .0300) which became effec-
tive on August 3, 1992. In some cases, streams
with primary classifications other than WS were
reclassified to a WS classification due to their
proximity and linkage to water supply waters. In
other cases, waters were reclassified from a WS
classification to an alternate appropriate primary
classification after being identified as downstream
of a water supply intake or identified as not being
used for water supply purposes.

(e) The Schedule of Classifications and Water
Quality Standards for the Broad River Basin was
amended effective July k> 1994 with the reclassifi-
cation of the Second Broad River [Index No. 9-41-
(0.5)1 from its source to Roberson Creek including
associated tributaries was reclassified from Class
WS-V to Classes WS-V, WS-IV and WS-IV CA.

Statutory Authority G.S. 143-214.1; 143-215.1;

143-215. 3(a)(1).

.0309 YADKIN-PEE DEE RIVER BASIN

(a) Places where the schedule may be inspected:
(1) Clerk of Court:

Alexander County
Anson County
Cabarrus County
Caldwell County
Davidson County
Davie County
Forsyth County
Guilford County
Iredell County
Mecklenburg County
Montgomery County
Randolph County
Richmond County
Rowan County
Stanly County

Stokes County
Surry County
Union County
Watauga County
Wilkes County
Yadkin County
(2) North Carolina Department of Environ-
ment, Health, and Natural Resources:

(A) Mooresville Regional Office
919 North Main Street
Mooresville, North Carolina

(B) Winston-Salem Regional Office
8025 North Point Boulevard, Suite
100

Winston-Salem, North Carolina

Suite 714

Fayetteville, North Carolina

(D) Asheville Regional Office
Interchange Building

59 Woodfin Place
Asheville, North Carolina

(b) Unnamed Streams. Such streams entering
Virginia are classified "C," and such streams
entering South Carolina are classified "C".

(1) February 12, 1979;

(2) March 1, 1983;

(3) August 1, 1985;

(4) February 1, 1986;

(5) October 1, 1988;

(6) March 1, 1989;

(7) January 1, 1990;

(8) August 1, 1990;

(9) January 1, 1992;

(10) April 1, 1992;

(11) August 3, 1992;

(12) December 1, 1992;

(13) April 1, 1993;

(14) July 1, 1994.

(d) The Schedule of Classifications and Water
Quality Standard for the Yadkin-Pee Dee River
Basin has been amended effective October 1, 1988
as follows:

(1) Mitchell River [Index No. 12-62-(l)]
from source to mouth of Christian
Creek (North Fork Mitchell River)
including all tributaries has been reclas-
sified from Class B Tr to Class B Tr
ORW.

(2) Mitchell River [Index No. 12-62-(7)]
from mouth of Christian Creek (North

1859

8:19

NORTH CAROLINA REGISTER

January 3, 1994

PROPOSED RULES

Fork Mitchell River) to Surry County
SR 1315 including all tributaries has
been classified from Class C Tr to C
Tr ORW, except Christian Creek and
Robertson Creek which will be reclassi-
fied from Class B Tr to Class B Tr
ORW.
(3) Mitchell River [Index No. 12-62-(12)]
from Surry County SR 1315 to mouth
of South Fork Mitchell River including
all tributaries from Class C to Class C
ORW.

(e) The Schedule of Classifications and Water
Quality Standards for the Yadkin-Pee Dee River
Basin was amended effective March 1, 1989 as
follows:

(1) Elk Creek [Index Nos. 12-24-(l) and
12-24-(10)] and all tributary waters
were reclassified from Class B-trout,
Class C-trout and Class B to Class
B-trout ORW, Class C-trout ORW and
Class B ORW.

(f) The Schedule of Classifications and Water
Quality Standards for the Yadkin-Pee Dee River
Basin was amended effective January 1, 1990 as
follows: Barnes Creek (Index No. 13-2-18) was
reclassified from Class C to Class C ORW.

(g) The Schedule of Classifications and Water
Quality Standards for the Yadkin-Pee Dee River
Basin has been amended effective January 1, 1992
as follows:

(1) Little River [Index Nos. 13-25-(10) and
13-25-(l 9)] from Suggs Creek to
Densons Creek has been reclassified
from Classes WS-III and C to Classes
WS-III HQW and C HQW.

(2) Densons Creek [Index No.
13-25-20-( 1 )] from its source to Troy's
Water Supply Intake including all
tributaries has been reclassified from
Class WS-III to Class WS-III HQW.

(3) Bridgers Creek (Index No. 13-25-24)
from its source to the Little River has
been reclassified from Class C to Class
C HQW.

(h) The Schedule of Classifications and Water
Quality Standards for the Yadkin-Pee Dee River
Basin was amended effective April 1, 1992 with
the reclassification of the North Prong South Fork
Mitchell River from Class C to Class C Trout.

(i) The Schedule of Classifications and Water
Quality Standards for the Yadkin-Pee Dee River
was amended effective August 3, 1992 with the
reclassification of all water supply waters (waters
with a primary classification of WS-I, WS-II or

WS-III). These waters were reclassified to WS-I,
WS-II, WS-III, WS-IV or WS-V as defined in the
revised water supply protection rules, (15 A NCAC
2B .0100, .0200 and .0300) which became
effective on August 3, 1992. In some cases,
streams with primary classifications other than WS
were reclassified to a WS classification due to their
proximity and linkage to water supply waters. In
other cases, waters were reclassified from a WS
classification to an alternate appropriate primary
classification after being identified as downstream
of a water supply intake or identified as not being
used for water supply purposes.

(j) The Schedule of Classifications and Water
Quality Standards for the Yadkin-Pee Dee River
Basin has been amended effective December 1,
1992 as follows:

(1) Pike Creek (Index No. 12-46-1-2) was
reclassified from Class C Tr to Class C
Tr HQW;

(2) Basin Creek (Index No. 12-46-2-2) was
reclassified from Class C Tr to Class C
Tr ORW;

(3) Bullhead Creek (Index No. 12-46-4-2)
was reclassified from Class C Tr to
Class C Tr ORW;

(4) Rich Mountain Creek (Index No.
12-46-4-2-2) was reclassified from
Class Tr to Class C Tr ORW; and

(5) Widows Creek (Index No. 12-46-4-4)
was reclassified from Class C Tr HQW
to Class C Tr ORW.

(k) The Schedule of Classifications and Water
Quality Standards for the Yadkin-Pee Dee River
Basin has been amended effective July L, 1994 as
follows:

Lanes Creek rindex Nos. 13-17-40-(l)
and 13-17-40-00,5)1 from its source to
the Marshville water supply dam
including tributaries was reclassified
from Classes WS-II and WS-II CA to
Class WS-V

The South Yadkin River rindex Nos.
12-108-(9.7) and 12-108-05.5)1 from
Iredell County SR 1892 to a point 0.7
mile upstream of the mouth of Hunting
Creek including associated tributaries
was reclassified from Classes WS-V, C
and WS-IV to Classes WS-V WS-IV,
C and WS-IV CA.

The Yadkin River rindex Nos. 12-(53)
and 12-(71)1 from a point 0.3 mile
upstream of the mouth of Elkin Creek
(River) to the Town of King water
supply intake including associated

ill

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1860

PROPOSED RULES

tributaries was reclassified from Classes

C and WS-IV
WS-IV CA.

to Classes WS-IV and

(4) The Yadkin River [Index Nos. 12-
(80.5), 12-(81.5) and 12-(84.5)1 from
the Town of King water supply intake
to the Davie County water supply
intake reclassified from Classes C, B^
WS-IV and WS-V to Classes WS-IV
WS-IV&B and WS-IV CA.

Statutory Authority- G.S. 143-214.1; 143-215.1;
143-215. 3(a)(1).

.0311 CAPE FEAR RIVER BASE\

(a) Places where the schedules may be
inspected:

(1) Clerk of Court:
Alamance County
Bladen County
Brunswick County
Caswell County
Chatham County
Columbus County
Cumberland County
Duplin County
Durham County
Forsyth County
Guilford County
Harnett County
Hoke County

Lee County
Montgomery County
Moore County
New Hanover County
Onslow County
Orange County
Pender County
Randolph County
Rockingham County
Sampson County
Wake County
Wayne County

(2) North Carolina Department of
Environment. Health, and Natural
Resources:

(A) Winston-Salem Regional Office
8025 North Point Boulevard, Suite
100

Winston-Salem, North Carolina

(B) Fayetteville Regional Office
Wachovia Building

Suite 714

Fayetteville. North Carolina

3800 Barrett Drive
Raleigh, North Carolina

(D) Washington Regional Office
1424 Carolina Avenue
Washington, North Carolina

(E) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina

(b) The Cape Fear River Basin Schedule of
Classification and Water Quality Standards was
amended effective:

(1) March 1, 1977;

(2) December 13, 1979;

(3) December 14, 1980;

(4) August 9, 1981;

(5) April 1, 1982;

(6) December 1, 1983;

(7) January 1, 1985;

(8) August 1, 1985;

(9) December 1, 1985;

(10) February 1, 1986;

(11) July 1, 1987;

(12) October 1, 1987;

(13) March 1, 1988;

(14) June 1, 1988;

(15) July 1, 1988;

(16) January 1. 1990;

(17) August 1, 1990;

(18) August 3, 1992;

(19) July 1, 1994.

(c) The Schedule of Classifications and Water
Quality Standards for the Cape Fear River Basin
has been amended effective June 1, 1988 as
follows:

(1) Cane Creek [Index No. 16-21-(1)] from
source to a point 0.5 mile north of
N.C. Hwy. 54 (Cane Reservoir Dam)
including the Cane Creek Reservoir and
all tributaries has been reclassified from
Class WS-III to WS-I.

(2) Morgan Creek [Index No. 16-41-1-(1)]
to the University Lake dam including
University Lake and all tributaries has
been reclassified from Class WS-III to
WS-I.

(d) The Schedule of Classifications and Water
Quality Standards for the Cape Fear River Basin
has been amended effective July 1, 1988 by the
reclassification of Crane Creek (Crains Creek)
[Index No. 1 8-23- 16-( 1 )] from source to mouth of
Beaver Creek including all tributaries from C to
WS-III.

(e) The Schedule of Classifications and Water
Quality Standards for the Cape Fear River Basin
has been amended effective January 1, 1990 as

1861

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NORTH CAROLINA REGISTER

January 3, 1994

PROPOSED RULES

follows:

(1) Intracoastal Waterway (Index No.
18-87) from southern edge of White
Oak River Basin to western end of
Permuda Island (a line from Morris
Landing to Atlantic Ocean), from the
eastern mouth of Old Topsail Creek to
the southwestern shore of Howe Creek
and from the southwest mouth of Shinn
Creek to channel marker No. 153
including all tributaries except the King
Creek Restricted Area, Hardison Creek,
Old Topsail Creek, Mill Creek, Futch
Creek and Pages Creek were
reclassified from Class SA to Class SA
ORW.

(2) Topsail Sound and Middle Sound ORW
Area which includes all waters between
the Barrier Islands and the Intracoastal
Waterway located between a line
running from the western most shore of
Mason Inlet to the southwestern shore
of Howe Creek and a line running from
the western shore of New Topsail Inlet
to the eastern mouth of Old Topsail
Creek was reclassified from Class SA
to Class SA ORW.

(3) Masonboro Sound ORW Area which
includes all waters between the Barrier
Islands and the mainland from a line
running from the southwest mouth of
Shinn Creek at the Intracoastal
Waterway to the southern shore of
Masonboro Inlet and a line running
from the Intracoastal Waterway
Channel marker No. 153 to the
southside of the Carolina Beach Inlet
was reclassified from Class SA to Class
SA ORW.

(f) The Schedule of Classifications and Water
Quality Standards for the Cape Fear River Basin
has been amended effective January 1, 1990 as
follows: Big Alamance Creek [Index No.
16-19-(1)] from source to Lake Mackintosh Dam
including all tributaries has been reclassified from
Class WS-III NSW to Class WS-II NSW.

(g) The Schedule of Classifications and Water
Quality Standards for the Cape Fear River Basin
was amended effective August 3, 1992 with the
reclassification of all water supply waters (waters
with a primary classification of WS-I, WS-II or
WS-III). These waters were reclassified to WS-I,
WS-II, WS-III, WS-IV or WS-V as defined in the
revised water supply protection rules, (15A NCAC
2B .0100, .0200 and .0300) which became

effective on August 3, 1992. In some cases,
streams with primary classifications other than WS
were reclassified to a WS classification due to their
proximity and linkage to water supply waters. In
other cases, waters were reclassified from a WS
classification to an alternate appropriate primary
classification after being identified as downstream
of a water supply intake or identified as not being
used for water supply purposes.

(h) The Schedule of Classifications and Water
Quality Standards for the Cape Fear River Basin
was amended effective July L 1994 with the

reclassification of the Deep River flndex No. 17-
(36.5)1 from the Town of Gulf-Goldston water
supply intake to US highway 421 including
associated tributaries from Class C to Classes C^
WS-IV and WS-IV CA.

Statutory Authority G.S. 143-214.1; 143-215.1;
143-21 5. 3(a)(1).

iSotice is hereby given in accordance with G.S.
150B-21.2 that the EHNR - Coastal Management
intends to adopt rules cited as 15A NCAC 7H
.2101 - .2105; amend rules 7H .0104, .0304,
.1104, .1204, .1304, .1404, .1504, .1604, .1704,
. 1804 and . 1904 .

1 he proposed effective date of this action is June
1, 1994.

1 he public hearing will be conducted at 4:00
p.m. on January 27, 1994 at the Sheraton Resort
Hotel, Salter Path Road, Atlantic Beach, North
Carolina.

MXeason for Proposed Action:
15A NCAC 7H . 0104 - To make exceptions to the
new Erosion Rates for dex'elopment that has been
planned on existing lots.

15A NCAC 7H .0304 - To incorporate recent
updated rates of shoreline change into CAMA for
use in delineating the Ocean Hazard Area of
Environmental Concern and for determining
setbacks for oceanfront development.
15A NCAC 7H.1104, .1204, .1304, .1404, .1504,
.1604, .1704, .1804 and .1904 - To clarify and
create a consistent use of terminology within the
stated management objectives for general condi-
tions of various general permits.

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NORTH CAROLINA REGISTER

January 3, 1994

1862

PROPOSED RULES

15A NCAC 7H .2101 - .2105 - Vie adoption of
these Rules would create a new CAMA General
Permit which would authorize free-standing,
wooden breakwaters in conjunction with existing or
created coastal wetlands within estuarine waters
and public trust areas of environmental concern.

Lsomment Procedures: All persons interested
these matters are invited to attend the public
hearing. Vie Coastal Resources Commission will
receive mailed written comments postmarked no
later than February 2, 1994. Any person desiring
to present lengthy comments is requested to submit
a written statement for inclusion in the record of
proceedings at the public hearings. Additional
information concerning the hearing or the propos-
als may be obtained by contacting Dedra
Blackwell, Division of Coastal Management. PO
Box 27687, Raleigh, NC 27611-7687, (919) 733-
2293.

CHAPTER 7 - COASTAL MANAGEMENT

SUBCHAPTER 7H - STATE GUIDELINES

FOR AREA OF ENVIRONMENTAL

CONCERN

SECTION .0100 - INTRODUCTION
AND GENERAL COMMENTS

.0104 DEVELOPMENT INITIATED PRIOR
TO EFFECTIVE DATE OF
REVISIONS

Development on lots created after the date of
adoption of the current erosion rates (January 28.
1994) must comply fully with those rates.
Development on lots created, or, within projects
which have received all required final or
preliminary local approvals or a CAMA major
development permit between June J^ 1979 and
January 28. 1994 must comply with the current
rates to the maximum extent feasible and have a
minimum setback equal to the rates in effect at the
time the lots were created, or, those rates in effect
at the time of issuance of any active CAMA permit
for development on those lots. Development on
lots created prior to June J^ 1979 shall comply
with the provisions of J5A NCAC 7H .0309 fb)
and (c).

(a) The — following — Rul es — s hall — be — ased — to

d e t e rmin e wh e th e r th e r e visions to guidelin e s for
developm e nt in ar e as — of environm e ntal conc e rn
(hereinafter — r e f e rr e d — to — as — r e visions), — with — an
effectiv e dat e of June 1, 1979, shall apply to a

propo s ed development.

fB In the case of a development for which

a CAMA permit was required prior to
June 1, 1979. the revisions shall not be
applicable if a complete and sufficient
application for a CAMA permit was
filed and accepted before June 1, 1979.
However if the application should lapse
or be denied, thereby requiring a new
application after June 1, 1979, or if the
application is modified or renewed after
June 1, — 1979, the revisions shall be
made applicable.

{3} In the case of a development for which

no CAMA permit was required prior to
July 15, 1979, the revision s shall not be
applicable if all legally required permits
have been applied for and accepted in
accordance with the applicable rules of
the agency responsible for the permit.
However, — i# — the — application — should
lapse or be denied, thereby requiring a
new application after July 15, 1979, or
tf- — the — application — is — modified — of
renewed — after July — \S-, — W79i — the
revisions shall be applicable.

0) In those cases where a CAMA major

permit was issued before June 1, 1979,
fef — a — major — development — which
included platted lots, the new standard s
shall apply to such platted lots only to
the maximum extent possible without
effectively prohibiting the intended use
of tho s e lots. In order for this Rule to
apply, the following condition s must be

fA} — the — let — &n — which — the — proposed
development i s to be located shall
have been accurately shown on the
major development permit application
and — the boundaries — must — net — have
been significantly altered.

(B) — the — tot — en — which — the — proposed
development i s to be located shall
have been suitable for the intended
use according to the AEC guidelines
in effect at the time the major permit
was issued.

(€-} — a minor development permit must be
applied for and received according to
the — normal — minor — permit — proce ss
before development can begin.

f©) — this — Ru4e — shall — apply — only — to
development — fef — which — a — permit
application — is — s ubmitted — prior — to

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expiration of the major development
pe rniit issued before June 1, 1979.

f4) In those caoco — where any — necessary

local — approval — was — issued — fef — a
proposed subdivision development prior
to July — ]-&-, — 1979, — the — Divi s ion — ©f

Coastal Management advised — the

developer in writing where to locate the
ocean — setback — line for the proposed

subdivision, and this proposed

subdivision development was recorded
in the county registry prior to July 15,

1979, with the ocean setback

determined by the Division of Coastal

Management, my new standards

regarding — oceanfront — s etbacks — shall

apply to the platted — lots within the

proposed — subdivision — only to — the

maximum — extent — possible — without

effectively prohibiting the intended use

of those lots, — In order for thi s Rule to

apply, the following conditions must be

mctr

fA) — the — lot(s) — ©a — which — the — proposed

development — is to — be located — shall

have been accurately shown on an

approved local plat and the boundaries

must — net — have — been — significantly

altered;

fB) — the — lot(s) — ©fl — which — the — proposed

development — is to — be located — shall

have been suitable for the intended

use according to the AEC guidelines

in effect at the time the plat was

approved; and

fG) — a minor development pcrmit( s ) mu s t

be applied for and received according

to the normal minor permit process

before development can begin.

{©) The — oceanfront — setback — provisions

s pecifically applicable to large structures, as set
forth by Rule .0306(a)( 4 ) of thi s Subchapter, s hall
apply only to development applications received on

©f — aftef — November — h — 1983. Further, — Rfee

.0306(a)( 4 ) of this Subchapter shall only apply to
the maximum extent pos s ible without effectively
prohibiting the intended use of the property in the
following s ituations:

ft) the — completion — of projects — that — had

received valid CAMA permits prior to
November — h — 1983, — provided — that
permit — renewals, — modification — and
tran s fer — requests — for — these — projects
made pursuant to 15A NCAC 7J .0 4 4 ,
.0 4 05 and .0 4 06 and 15A NCAC 7E

.0105 shall be considered under the
s etback rule s applicable at the time of
original — permit — issuance, — and — ne
renewals or exten s ions of pre existing
permits — shall — be — made — beyond — the
expiration period unle s s either there has

been substantial progress &n

construction or no material change in
the physical conditions at the project
site (as is provided by 15A NCAC 7J
.0 4 03); and

f2) the completion of projects that were

outside of CAMA permit juri s diction
prior to November 1, 1983, provided
that all other r e quired state and local
permits — had — been — applied — for — m
accordance — wife — the — rules — ©f- — the
agencie s re s ponsible for such permits
and that the developer has materially
changed his or her po s ition in good
fetth — reliance — ©b — sueh — development

approval s . tn — aH — instances, — sueh

development must be consistent with all
other provisions of this Subchapter,
(c) In the case of subdivisions or project s which
have — received — either — aH — required — feral — ©f
preliminary local approvals or a CAMA major
development permit prior to May 27, 1988, and
have therein met all applicable CAMA setback
requirements as of May 27, 1988, the updated
oceanfront — erosion — rat es — approved — by — the
Commission on July 29, 1988, and effective on
November — h — 1988, — shaH — ©ffey — apply — te — fee
maximum extent feasible. — For the s e previously
approved — lets — and — projects, — fee — erosion — rate
existing as of May 27, 1988, shall be applied in
determining — minimum — oceanfront — setbacks — fef
purposes of subsequent approved con s truction o f
development prior to the next erosion rate updatc r

Statutory Authority G.S. 113A-107; 113A-113;
U3A-124.

SECTION .0300 - OCEAN HAZARD
AREAS

NOTE TO RULE .0304: The Coastal Resources
Commission will consider the text shown in Bold
type for adoption at the January meeting.
Public hearings were held during the months of
November and December in the eight coastal
counties where the proposed rate changes will
occur. The proposed effective date is April 1,
1994. Notice on these changes was published in
the Register on November 1, 1993, (8:15 NCR

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1405-1409).

.0304 AECs WITHIN OCEAN HAZARD
AREAS

The ocean hazard system of AECs contains all of
the following areas:

(1) Ocean Erodible Area. This is the area in
which there exists a substantial possibility
of excessive erosion and significant
shoreline fluctuation. The seaward
boundary of this area is the mean low
water line. The landward extent of this
area is determined as follows:

(a) a distance landward from the first line
of stable natural vegetation to the
recession line that would be established
by multiplying the long-term annual
erosion rate times 60, provided that,
where there has been no long-term
erosion or the rate is less than two feet
per year, this distance shall be set at
120 feet landward from the first line of
stable natural vegetation. For the
purposes of this Rule, the erosion rates
shall be those set forth in table s maps
entitled "Long Term Annual Ero s ion
Shoreline Change Rates updated
through i9S€ 1992 " and approved by
the Coastal Resources Commission on
July 29, 19 88 January 28^ 1994
(except as such rates may be varied in
individual contested cases, declaratory
or interpretive rulings). The table s
maps are available without cost from
any local permit officer or the Division
of Coastal Management; and

(b) a distance landward from the recession
line established in Sub-Item (l)(a) of
this Rule to the recession line that
would be generated by a storm having
a one percent chance of being equalled
or exceeded in any given year.

(c) Development other than single family
residential on lots existing as of June L,
1979 shall meet setback requirements
current at the time of permit decision.

(2) The High Hazard Flood Area. This is
the area subject to high velocity waters
(including, but not limited to, hurricane
wave wash) in a storm having a one
percent chance of being equalled or
exceeded in any given year, as identified
as zone VI -30 on the flood insurance rate
maps of the Federal Insurance
Administration, U.S. Department of

Housing and Urban Development. In the
absence of these rate maps, other
available base flood elevation data
prepared by a federal, state, or other
source may be used, provided said data
source is approved by the CRC.

(3) Inlet Hazard Area. The inlet hazard
areas are natural-hazard areas that are
especially vulnerable to erosion, flooding
and other adverse effects of sand, wind,
and water because of their proximity to
dynamic ocean inlets. This area shall
extend landward from the mean low
water line a distance sufficient to
encompass that area within which the
inlet will, based on statistical analysis,
migrate, and shall consider such factors
as previous inlet territory, structurally
weak areas near the inlet (such as an
unusually narrow barrier island, an
unusually long channel feeding the inlet,
or an overwash area), and external
influences such as jetties and
channelization. The areas identified as
suggested Inlet Hazard Areas included in
the report entitled INLET HAZARD
AREAS, The Final Report and
Recommendations to the Coastal
Resources Commission, 1978, by Loie J.
Priddy and Rick Carraway are hereby
designated as Inlet Hazard Areas except
that the Cape Fear Inlet Hazard as shown
on said map shall not extend northeast of
the Baldhead Island marina entrance
channel. In all cases, this area shall be
an extension of the adjacent ocean
erodible area and in no case shall the
width of the inlet hazard area be less than
the width of the adjacent ocean erodible
area.

(4) Unvegetated Beach Area. This is a
dynamic area that is subject to rapid
unpredictable landform change from wind
and wave action. The areas in this
category shall be designated following
detailed studies by the Coastal Resources
Commission. These areas shall be
designated on maps approved by the
Commission and available without cost
from any local permit officer or the
Division of Coastal Management.

Statutory Authority
113A-124.

G.S 113A-W7; II3A-113;

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SECTION .1100 - GENERAL PERMIT

FOR CONSTRUCTION OF BULKHEADS

AND THE PLACEMENT OF RIPRAP FOR

SHORELINE PROTECTION ESf

ESTUARINE AND PUBLIC

TRUST WATERS

.1104 GENERAL CONDITIONS

(a) This permit authorizes only the construction
of bulkheads and the placement of riprap
conforming to the standards herein.

(b) Individuals shall allow authorized
representatives of the Department of Environment,
Health, and Natural Resources to make periodic
inspections at any time deemed necessary in order
to be sure that the activity being performed under
authority of this general permit is in accordance
with the terms and conditions prescribed herein.

(c) There shall be no significant interference
with navigation or use of the waters by the public
by the existence of the bulkhead or the riprap
authorized herein.

(d) This general permit may be cither modified,
suspended or revoked in whole or in part if the
Department determines that such action would be
in the best public interest. This general permit will
not be applicable to proposed construction where
the Department determines that authorization may
be warranted, but that the proposed activity might
significantly — affect — the — quality — of the — human
environment, or unnece s sarily endanger adjoining
properties.

{e)(d) This general permit will not be applicable
to proposed construction when the Department
determines after any necessary investigations, that
the proposed activity would adversely affect areas
which possess historic, cultural, scenic,
conservation, or recreational values.

ff-)(e) The Department may, on a case-by-case
basis, determine that the general permit shall not
be applicable to a specific construction proposal.
This general permit will not be applicable to
proposed construction where the Department
determines that the proposed activity might
significantly affect the quality of the human
environment, or unnecessarily endanger adjoining
properties. In those cases, individual permit
applications and review of the proposed project
will be required according to 15A NCAC 7J.

fg-Hf) This permit does not eliminate the need to
obtain any other required state, local, or federal
authorization.

fh-Hg) Development carried out under this permit
must be consistent with all local requirements,
AEC Guidelines, and local land use plans current

at the time of authorization.

Statutory Authority G.S. 113A-W7(a); 113A-
107(b); 113A-1 13(b); 113A-118.1; 113A-124.

SECTION .1200 - GENERAL PERMIT FOR

CONSTRUCTION OF PIERS: DOCKS:

AND BOAT HOUSES IN ESTUARINE

AND PUBLIC TRUST WATERS

.1204 GENERAL CONDITIONS

(a) Structures authorized by this permit shall be
non-commercial structures conforming to the stan-
dards herein.

(b) Individuals shall allow authorized
representatives of the Department of Environment,
Health, and Natural Resources to make periodic
inspections at any time deemed necessary in order
to be sure that the activity being performed under
the authority of this general permit is in
accordance with the terms and conditions
prescribed herein.

(c) There shall be no unreasonable interference
with navigation or use of the waters by the public
by the existence of piers, docks and boat houses.

(d) This general permit may be cither modified,
su s pended — ©f — revoked — m — whole — ef — m — part
according to the provisions of G.S. — 1 13A 107 if
the Department determine s that such action would
be in the best public interest. This general permit
will not be applicable to proposed construction
where the Department believes that authorization
may be warranted, but that the proposed activity
might significantly affect the quality of the human
environment, or unnece s sarily endanger adjoining
properties.

fe-Hd) This general permit will not be applicable
to proposed construction when the Department
determines, after any necessary investigations, that
the proposed activity would adversely affect areas
which possess historic, cultural, scenic,
conservation or recreational values.

ffl(e) The Department may, on a case-by-case
basis, determine that the general permit shall not
be applicable to a specific construction proposal.
This general permit will not be applicable to
proposed construction where the Department
believes that the proposed activity might
significantly affect the quality of the human
environment, or unnecessarily endanger adjoining
properties. In those cases, individual permit
applications and review of the proposed project
will be required according to 15A NCAC 7J.

fg-Hf) This permit does not eliminate the need to
obtain any other required state, local, or federal

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PROPOSED RULES

authorization.

fh->(g) Development carried out under this permit
must be consistent with all local requirements.
AEC Guidelines, and local land use plans current
at the time of authorization.

Statutory Authority G.S. 113A-1 07(a); 113A-
107(b); 11 3A-1 13(b); 113A-118.1; 113A-124.

SECTION .1300 - GENERAL PERMIT

TO MAINTAIN: REPAIR AND

CONSTRUCT BOAT RAMPS ALONG

ESTUARLNE SHORELLNES AND

INTO ESTUARLNE AND PUBLIC

TRUST WATERS

.1304 GENERAL CONDITIONS

(a) Structures authorized by this permit shall be
non-commercial boat ramps constructed of accept-
able material and conforming to the standards
herein.

(b) Individuals shall allow authorized
representatives of the Department of Environment.
Health, and Natural Resources to make periodic
inspections at any time deemed necessary in order
to be sure that the activity being performed under
authority of this general permit is in accordance
with the terms and conditions prescribed herein.

(c) There shall be no unreasonable interference
with navigation or public use of the waters during
or after construction.

(d) This general permit may be cither modified,
suspended — &f — revoked — m — whol e — er — m — part
according to the provisions of G.S. — 1 13A 107 if
the Department determines that such action would
be in the best public interest. This general permit
will not be applicable to propo s ed con s truction
where the Department believes that authorization
may be warranted, but that the proposed activity
might significantly affect the quality of the human
environment, or unnece s sarily endanger adjoining
properties.

fe)(d) This general permit will not be applicable
to proposed construction when the Department
determines, after any necessary investigations, that
the proposed activity would adversely affect areas
which possess historic, cultural, scenic,
conservation or recreational values.

environment, or unnecessarily endanger adjoining
properties. In those cases, individual permit
applications and review of the proposed project
will be required according to 15A NCAC 7J.

fg){fj This permit does not eliminate the need to
obtain any other required state, local, or federal
authorization.

^hjigj Development carried out under this permit
must be consistent with all local requirements,
AEC guidelines, and local land use plans current
at the time of authorization.

Statutory Authority G.S. 113A-107(a); 113A-
107(b); 113A-113(b); 113A-U8.1; 113A-124.

SECTION .1400 - GENERAL PERMIT FOR

CONSTRUCTION OF WOODEN GROLNS

IN ESTUARLNE AND PUBLIC

TRUST WATERS

.1404 GENERAL CONDITIONS

(a) Structures authorized by this permit shall be
simple, wooden groins conforming to the standards
herein.

(c) There shall be no significant interference
with navigation or use of the waters by the public
by the existence of wooden groins authorized
herein.

(d) This general permit may be either modified,
s u s pended — er — revoked — m — whole — ef — m — pert
according to the provisions of G.S. — 1 13A 107 if
the Department determine s that s uch action would
be in the best public interest. — This general permit
will not be applicable to proposed construction
where the Department believes that authorization
may be warranted, but that the proposed activity
might significantly affect the quality of the human
environment, or unneces s arily endanger adjoining
properties.

fe)(d) This general permit will not be applicable
to proposed construction when the Department
determines, after any necessary investigation, that
the proposed activity would adversely affect areas
which possess historic, cultural, scenic,
conservation or recreational values.

ffi(e) The Department may, on a case-by-case
basis, determine that the general permit shall not
be applicable to a specific construction proposal.

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This general permit will not be applicable to
proposed construction where the Department
believes that the proposed activity might
significantly affect the quality of the human
environment, or unnecessarily endanger adjoining
properties. In those cases, individual permit
applications and review of the proposed project
will be required according to Subchapter IS.

fg)(f) This permit does not eliminate the need to
obtain any other required state, local, or federal
authorization.

th4(g) Development carried out under this permit
must be consistent with all local requirements,
AEC Guidelines, and local land use plans current
at the time of authorization.

Statutory Authority G.S. 113A- 107(a); 113A-
107(b); 11 3A-U 3(b); 113A-118.1; 113A-124.

SECTION .1500 - GENERAL PERMIT FOR

EXCAVATION WITHIN OR CONNECTING

TO EXISTING CANALS: CHANNELS:

BASINS: OR DITCHES IN ESTUARINE

WATERS: PUBLIC TRUST WATERS:
AND ESTUARINE SHORELINE AEC'S

.1504 GENERAL CONDITIONS

(a) Individuals shall allow authorized
representatives of the Department of Environment,
Health, and Natural Resources to make periodic
inspections at any time necessary to ensure that the
activity being performed under authority of this
general permit is in accordance with the terms and
conditions prescribed herein.

(b) Thi s general permit may either be modifi e d,
s uspended, — er — revoked — m — whole — er — in part
according to the provisions of G.S. — 1 13A 107 if
the Department determines that such action wou l d
be in the best public interest. — This general permit
wtH — not be applicable to propo s ed excavation
wher e — the — Department — determines — that — the
proposed — activity — may — significantly — affect — the
quality — ©f- — the — environment — ef — unnece ss arily
endanger adjoining properties.

je}(b) This general permit will not be applicable
to proposed excavation when the Department
determines that the proposed activity would
adversely affect areas which possess historic,
cultural, scenic, conservation or recreational
values.

j4)(c) This general permit will not be applicable
to proposed maintenance excavation when the
Department determines that the proposed activity
will adversely affect adjacent property.

(e-)(d) The Department may determine in some

cases that this general permit is not applicable to
a specific excavation proposal. This general permit
will not be applicable to proposed excavation
where the Department determines that the
proposed activity might significantly affect the
quality of the environment or unnecessarily
endanger adjoining properties. In such cases an
individual permit application and review of the
proposed project may be initiated using the
applications forms, fees and procedures required
by 15A NCAC 7J.

ff-He) This general permit authorizes

maintenance excavation in canals, channels, basins
and ditches within primary nursery areas as
designated by the Division of Marine Fisheries
except as proscribed by other provisions of this
permit. Individual project requests will be
evaluated on a case-by-case basis and coordinated
with appropriate Division of Marine Fisheries
personnel. Individual projects will not be allowed
during periods of highest biological productivity.

(£-)(f) New basins within or with connections to
primary nursery areas are not allowed.

fh-)(g) No new basins will be allowed that result
in closure of shellfish waters according to the
closure policy of the Division of Environmental
Health.

(t)(h) This permit does not eliminate the need to
obtain any other required state, local, or federal
authorization, nor, to abide by regulations adopted
by any federal or other state agency.

tfHi) Development carried out under this permit
must be consistent with all local requirements,
AEC guidelines, and local Land Use Plans current
at the time of authorization.

Statutory Authority G.S. 1 13A- 107(a), (b); 113A-
113(b); 113A-118.1; U3-229(cl).

SECTION .1600 - GENERAL PERMIT FOR

THE INSTALLATION OF AERIAL AND

SUBAQUEOUS UTILITY LINES WITH

ATTENDANT STRUCTURES IN

COASTAL WETLANDS: ESTUARINE

WATERS: PUBLIC TRUST WATERS

AND ESTUARINE SHORELINES

.1604 GENERAL CONDITIONS

(a) Utility lines for the purpose of this general
permit or any pipes or pipelines for the
transportation of potable water, and any cable,
line, or wire for the transmission, for any purpose,
of electrical energy, telephone and telegraph
messages, and radio and television communication.

(b) There must be no resultant change in precon-

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PROPOSED RULES

struction bottom contours. Authorized fill includes
only that necessary to backfill or bed the utility
line. Any excess material must be removed to an
upland disposal area, (c) The utility line crossing
will not adversely affect a public water supply
intake.

(d) The utility line route or construction method
will not disrupt the movement of those species of
aquatic life indigenous to the waterbody.

(e) Individuals shall allow authorized representa-
tives of the Department of Environment, Health,
and Natural Resources to make periodic inspec-
tions at any time necessary to ensure that the
activity being performed under authority of this
general permit is in accordance with the terms and
conditions prescribed herein.

vf) — This general permit may either be amended
or repealed in whole or in part according to th e
provisions of G.S. 113A 107 if the Commission
determines that such action would be in the be s t
public interest.

(g) This general permit will not be applicabl e to
proposed excavation where the Department deter
mines that the proposed activity may significantly
affect the quality of the environment or unncccs
sarily endanger adjoining properties.

fh-)(f) This general permit will not be applicable
to proposed excavation when the Department
determines that the proposed activity would ad-
versely affect areas which possess historic, cultur-
al, scenic, conservation or recreational values.

ft)(g) The Department may determine in some
cases that this general permit is not applicable to
a specific installation proposal. This general permit
will not be applicable to proposed installation
where the Department determines that the pro-
posed activity might significantly affect the quality
of the environment or unnecessarily endanger
adjoining properties. In such cases an individual
permit application and review of the proposed
project may be initiated using the application
forms, fees and procedures required by 15A
NCAC 15.

ftHh) This permit does not eliminate the need to
obtain any other required state, local, or federal
authorization, nor, to abide by regulations adopted
by any federal or other state agency.

^k){\} Development carried out under this permit
must be consistent with all local requirements,
AEC guidelines, and local Land Use Plans current
at the time of authorization.

Statutory Authority G.S. 113-229(cl); 113A-
107(a)(b); 113A-1 13(b): U3A-118.1.

SECTION .1700 - GENERAL PERMIT FOR

EMERGENCY' WORK REQUIRING

A CAMA AND/OR A DREDGE

AND FILL PERMIT

.1704 GENERAL CONDITIONS

(a) Work permitted by means of an emergency
permit shall be subject to the following limitations:

(1) No work shall begin until an onsite
meeting is held with the applicant and
appropriate Division of Coastal Man-
agement representative so that the
proposed emergency work can be ap-
propriately marked. Written authoriza-
tion to proceed with the proposed de-
velopment can be issued during this
visit.

(2) No work shall be permitted other than
that which is necessary to reasonably
protect against or reduce the imminent
danger caused by the emergency to
restore the damaged property to its
condition immediately before the emer-
gency, or to re-establish necessary
public facilities or transportation corri-
dors.

(3) Any permitted erosion control projects
shall be located no more than 20 feet
waterward of the endangered structure.

(4) Fill materials used in conjunction with
emergency work for storm or erosion
control shall be obtained from an up-
land source. Excavation below MHW in
the Ocean Hazard AEC may be allowed
to obtain material to fill sandbags used
for emergency protection.

(5) Structural work shall meet sound engi-
neering practices.

(6) This permit allows the use of ocean-
front erosion control measures for all
oceanfront properties without regard to
the size of the existing structure on the
property or the date of construction.

(b) Individuals shall allow authorized representa-
tives of the Department of Environment, Health,
and Natural Resources to make inspections at any
time deemed necessary to be sure that the activity
being performed under authority of this general
permit is in accordance with the terms and condi-
tions prescribed herein.

(c) There shall be no unreasonable interference
with navigation or public use of the waters during
or after construction.

(d) This general permit may be either modified,
suspended, or revoked in whole or in part accord

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PROPOSED RULES

t ng to the provision s of G.S. — 1 13A 107 if the
Department determines that such action would be
in the best public interest. This general permit will
not be applicable to proposed construction where
the Department believes that authorization may be
warranted, but that the proposed activity might
significantly affect the quality of the human envi
ronment, — ef — unnecessarily — endanger — adjoining
properties.

4e)(d) This general permit will not be applicable
to proposed construction when the Department
determines, after any necessary investigations, that
the proposed activity would adversely affect areas
which possess historic, cultural, scenic, conserva-
tion, or recreational values.

ff-He) The Department may, in a case-by-case
basis, determine that the general permit shall not
be applicable to a specific construction proposal.
This general permit will not be applicable to
proposed construction where the Department
believes that the proposed activity might signif-
icantly affect the quality of the human environ-
ment, or unnecessarily endanger adjoining proper-
ties. In those cases, individual permit applications
and review of the proposed project will be re-
quired according to 15A NCAC 7J.

fg^(f) This permit does not eliminate the need to
obtain any other state, local, or federal authoriza-
tion.

ffl-)(g) Development carried out under this permit
must be consistent with all local requirements,
CAMA rules, and local land use plans, storm
hazard mitigation, and post-disaster recovery plans
current at the time of authorization.

Statutory Authority G.S. 113-229(cl); 113 A-

107(a), (b); 113A-1 13(b); 113A-118.1.

SECTION .1800 - GENERAL PERMIT TO

ALLOW BEACH BULLDOZING

LANDWARD OF THE MEAN HIGH

WATER MARK IN THE OCEAN

HAZARD AEC

.1804 GENERAL CONDITIONS

(a) Any future setback determinations which
may be required shall be made using the first line
of stable natural vegetation established prior to the
bulldozing activity.

(b) Individuals shall allow authorized
representatives of the Department of Environment,
Health, and Natural Resources to make periodic
inspections at any time deemed necessary to ensure
that the activity being performed under authority
of this general permit is in accordance with the

terms and conditions prescribed herein.

(c) This general permit may be cither modified,
suspended, or revoked in whole or in part if the
Department determines that such action would be
in the best public intere s t. This general permit will
not be applicable to propo s ed construction where
the Department believes that authorization may be
warranted but that the proposed activity might
significantly affect the quality of the human envi
ronment — ©f — unnece ss arily — endanger — adjoining
propertie s .

fd^fc) This general permit will not be applicable
to proposed construction when the Department
determines after any necessary investigation that
the proposed activity would adversely affect areas
which possess historical, cultural, scenic, conser-
vation or recreational values. If a shipwreck is
unearthed, all work shall stop and both the Divi-
sion of Archives and history and Coastal Manage-
ment shall be contacted immediately.

{e)(d) The Department may on a case by case
basis determine that the general permit shall not be
applicable to a specific construction proposal. This
general permit will not be applicable to proposed
construction where the Department believes that
the proposed activity might significantly affect the
quality of the human environment or unnecessarily
endanger adjoining properties. In those cases,
individual permit application and review of the
proposed project will be required according to 15A
NCAC 7HJ.

ff-)(e) This general permit does not convey any
rights, either in real estate or material and does not
authorize any injury to property or invasion of
rights of others.

fg-)(f) This permit does not eliminate the need to
obtain any other required state, local or federal au-
thorization.

fh-Mg) Development carried out under this permit
must be consistent with all local requirements,
AEC guidelines, and local Land Use Plans current
at the time of authorization.

Statutory Authority G.S. 113-229(cl); 113A-
107(a)(b); 113A-1 13(b); 113A-118.1.

SECTION .1900 - GENERAL PERMIT TO

ALLOW FOR TEMPORARY STRUCTURES

WITHIN ESTUARINE AND OCEAN

HAZARD AECS

.1904 GENERAL CONDITIONS

(a) Temporary structures for the purpose of this
general permit are those which are constructed
within the ocean hazard or estuarine system AECs

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PROPOSED RULES

and because of dimensions or functions do not
meet the criteria of the existing general permits
(i.e. are not a bulkhead, pier, rip-rap, groin, etc.).

(b) There shall be no encroachment oceanward
of the first line of stable vegetation within the
ocean hazard AEC except for the placement of
auxiliary structures such as signs, fences, posts,
pilings, etc.

(d) The structure shall not be located in such a
manner that will directly or indirectly adversely
impact coastal wetlands.

(e) The structure shall not disrupt the movement
of those species of aquatic life indigenous to the
waterbody.

(f) Individuals shall allow authorized representa-
tives of the Department of Environment, Health,
and Natural Resources to make periodic inspec-
tions at any time necessary to ensure that the
activity being performed under authority of this
general permit is in accordance with the terms and
conditions prescribed herein.

fg-) — This general permit may either be amended
or repealed in whole or in part according to the
provisions of G.S. 1 1 3 A 107 if the Commission
determines that such action would be in the best
public interest.

(h) This general permit will not be applicable to
proposed structures when the Department deter
mines that the proposed activity may significantly
affect the quality of the environment or unncccs
sarily endanger adjoining properties.

fi-Kg) This general permit will not be applicable
to proposed structures when the Department
determines that the proposed activity would ad-
versely affect areas which possess historic, cultur-
al, scenic, conversation or recreational values.

fH(h) The Department may determine in some
cases that this general permit is not applicable to
a specific structural proposal. This general permit
will not be applicable when the Department deter-
mines that the proposed activity might significantly
affect the quality of the environment or unneces-
sarily endanger adjoining properties. In such cases
an individual permit application and review of the
proposed project may be initiated using the appli-
cation forms, fees, and procedures required by
15A NCAC 7J.

{k-)(i) This permit does not eliminate the need to
obtain any other state, local or federal authoriza-
tion, nor, to abide by regulations adopted by any
federal, state, or local agency.

{t)ij) Development carried out under this permit

must be consistent with all local requirements, and
local land use plans current at the time of authori-
zation.

Statutory Authority G.S. 113-229(cl); 113A-
107(a)(b); 113A-1 13(b); 113A-118.1.

SECTION .2100 - GENERAL PERMIT FOR

CONSTRUCTION OF MARSH

ENHANCEMENT BREAKWATERS FOR

SHORELLNE PROTECTION IN

ESTUARINE
AND PUBLIC TRUST WATERS

.2101 PURPOSE

This permit will

allow the construction of

offshore parallel breakwaters, made from wood,
plastic lumber, or metal sheet piling for shoreline
protection in conjunction with existing or created
coastal wetlands. This permit will only be
applicable where a shoreline is experiencing
erosion in public trust areas and estuarine waters
according to authority provided m 15A NCAC 7J
.1 100 and according to the following guidelines.
This permit will not apply within the ocean hazard
AEC, the inlet hazard AEC, or waters adjacent to
these AEC's.

Statutory Authority G.S. 113A-107; 113A-118.1.

.2102 APPROVAL PROCEDURES

(a) The applicant must contact the Division of
Coastal Management and complete an application
form requesting approval for development. The
applicant shall provide information on site
location, dimensions of the project area, and his
name and address.

(b) The applicant must provide:

(1) confirmation that a written statement
has been obtained signed by the
adjacent riparian property owners
indicating that they have no objections
to the proposed work; or

(2) confirmation that the adjacent riparian
property owners have been notified by
certified mail of the proposed work.
Such notice should instruct adjacent
property owners to provide any
comments on the proposed development
in writing for consideration by
permitting officials to the Division of
Coastal Management within 10 days of
receipt of the notice, and, indicate that
no response will be interpreted as no
objection. PCM staff will review all

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comments and determine, based on
their relevance to the potential impacts
of the proposed project, if the proposed
project can be approved by a General
Permit. If PCM staff finds that the

according to 15A NCAC 7J. This general permit
will not be applicable to proposed construction
where the Department determines that
authorization may be warranted, but that the
proposed activity might significantly affect the
quality of the human environment, or

unnecessarily endanger adjoining properties.

(f) This permit does not eliminate the need to
obtain any other required state, local, or federal
authorization.

Ill
must

Development carried out under this permit
be consistent with all local requirements.

comments are worthy of more in-depth

review, the applicant will be notified

that he must submit an application for a

major development permit,
(c) No work shall begin until an on-site meeting
is held with the applicant and appropriate Division
of Coastal Management representative so that the
proposed breakwater alignment can be
appropriately marked. Written authorization to
proceed with the proposed development may be

issued during this visit. Construction of the Statutory Authority G.S. 1 13A-107; 113A-118.1

breakwater must begin within 90 days of this visit
or the general authorization expires and it will be
necessary to re-examine the alignment to determine
if the general authorization can be reissued.

AEC Guidelines, and local land use plans current
at the time of authorization.

Statutory Authority G.S. 113A-107; 113A-118.1.

.2103 PERMIT FEE

The applicant must pay a permit fee of fifty
dollars ($50.00) by check or money order payable
to the Department.

Statutory Authority G.S. 113A-107; 113A-118.1.

.2104 GENERAL CONDITIONS

(a) This permit authorizes only the construction
of breakwaters conforming to the standards herein.

(c) There shall be no significant interference
with navigation or use of the waters by the public
by the existence of the breakwater authorized
herein.

(d) This general permit will not be applicable to
proposed construction when the Department deter-
mines after any necessary investigations, that the
proposed activity would adversely affect areas
which possess historic, cultural, scenic,
conservation, or recreational values.

(e) The Department may, on a case-by-case
basis, determine that the general permit shall not
be applicable to a specific construction proposal.
In those cases, individual permit applications and
review of the proposed project will be required

.2105 SPECIFIC CONDITIONS

(a) The breakwater shall be positioned no more
than 20 feet waterward of the mean high water or
normal water level contour (whichever is
applicable) or 20 feet waterward of the waterward
edge of existing emergent wetlands at any point
along its alignment. For narrow waterbodies
(canals, creeks, etc.) the breakwater alignment
shall not be positioned offshore more than one
sixth (1/6) the width of the waterbody.

(b) Breakwaters authorized under this General
Permit shall be allowed only in waters that average
less than three feet in depth along the proposed
alignment as measured from the mean high water
or normal water level conto ur-
determine that

the

exists along
permittee's shoreline to provide adequate shoreline
stabilization, the permittee shall be required to
plant appropriate coastal marsh landward of the
breakwater structure as directed by Department
Staff.

(d) Construction authorized by this general
permit will be limited to a maximum length of 500
feet.

(e) The breakwater shall be constructed with an
equal gap between each sheathing board totaling at
least one inch of open area every linear foot of
breakwater. The breakwater shall have at least
one five foot opening at every 100 feet. The
breakwater sections shall be staggered and overlap
as long as the five foot separation between sections
is maintained. Overlapping sections shall not
overlap more than 10 feet.

(f) The height of the breakwater shall not exceed
six inches above mean high water or the normal
water level.

(g) Offshore breakwater sections shall be set

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PROPOSED RULES

back 15 feet fro m the adjoining property lines and
the riparian access dividing line. The line of
division of riparian access shall be established by
drawing a line along the channel or deep water in
front of the property, then drawing a line
perpendicular to the line of the channel so that it
intersects with the shore at the point the upland
property line meets the water's edge. The set back
may be wai ved by written agreement of the
adjacent riparian owner(s) or when the two
adjoining riparian owners are co-applicants. Should
the adjacent property be sold before construction
of the breakwater begins, the applicant shall obtain
a written agreement with the new owner waiving
the minimum setback and submit it to the Division
of Coastal Management prior to initiating any
construction of the breakwater.

(h) Breakwaters shall be marked at 50 foot
intervals with yellow reflectors extending at least
three feet above mean high water.

(i) No backfill of the breakwater or any other
fill of wetlands, estuarine waters, public trust
areas, or highground is authorized by this general
permit.

(j) No excavation of the shallow water bottom,
any wetlands, or high ground is authorized by this
general permit.

(k) The breakwater must be constructed of
treated wood, plastic lumber, metal sheet piles or
other suitable materials approved by Department
personnel.

(1) Perpendicular sections, return walls, or
sections which would enclose estuarine waters or
public trust areas shall not be allowed under this
permit.

(m) The permittee will maintain the breakwater
in good condition and in conformance with the
terms and conditions of this permit or the
remaining breakwater structure shall be removed
within 90 days of notification from the Division of
Coastal Management.

Statutory- Authority G.S. 113A-W7; 113A-118.1.

TITLE 16 - DEPARTMENT OF
PUBLIC EDUCATION

1\ otice is hereby given in accordance with G.S.
150B-21.2 that the State Board of Education
intends to amend rules cited as 16 NCAC 6C . 0307
and 6E . 0202.

1 he proposed effective date of this action is July

1. 1994.

1 he public hearing will be conducted at (16
NCAC 6C .0307) 9:30 a.m. and (16 NCAC 6E
.0202) 10:00 a.m. on February 4, 1994 at the
State Board Room, Education Building. 301 N.
Wilmington Street, Raleigh, NC 27601-2825.

MXeason for Proposed Action:
16 NCAC 6C .0307 - Amendment allows school
systems greater flexibility in handling certificate
renewal credits.

16 NCAC 6E .0202 - Amendment provides consis-
tent policy to be applied in grades 7-12 regard-
ing persons who are ejected from interscholastic
athletic extents.

(comment Procedures: Any interested person may
make comments in writing prior to or at the hear-
ing or orally at the hearing.

CHAPTER 6 - ELEMENTARY AND
SECONDARY EDUCATION

SUBCHAPTER 6C - PERSONNEL

SECTION .0300 - CERTIFICATION

.0307 CERTIFICATE RENEWAL

(a) Certificates are valid for a period of five
years from the effective date of issuance. Holders
must renew their certificates within each five-year
period. The Department applies renewal credit to
the person's certificate field(s) and/or professional
duties.

(b) The Department bases renewal or reinstate-
ment of a certificate on 15 units of renewal credit.
A unit of credit is equal to one quarter hour or
two-thirds of a semester hour of IHE credit, or one
school year of teaching experience. The Depart-
ment will not record less than one credit on a
certificate. For their own employees. LEAs can
approve staff development activities that carry less
than one unit of credit.

(c) Currently employed personnel shall maintain
a professional growth plan in accordance with
department guidelines. These persons may obtain
renewal credit for the following activities:

(1) college or university credit activities;

(2) teaching experience (one unit for every
year);

(3) local in-service courses or workshops
which carry at least one unit of renewal

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PROPOSED RULES

credit and which meet the following
criteria:

(A) ten clock hours of direct training by
the instructor will equal one unit of
renewal credit;

(B) content and instructional activities
designed in a sequential manner to
develop specified competencies of a
specific population;

(D) credit is granted on the basis of pro-
gram completion and achievement of
specified individual performance,
which is determined by individual
evaluation for specified competencies;

(E) enrollment limited to assure account-
ability of credit granted;

(4) independent study of no more than five
units of renewal credit per five-year
renewal period which meets the follow-
ing criteria:

(A) teachers and other certified personnel
help to develop local independent
study procedures which the superin-
tendent keeps on file and periodically
sends to each certified employee;

(B) the employee and the superintendent
or his or her designee plan the experi-
ence in advance, including identifica-
tion of competencies to be acquired
and an evaluation to determine satis-
factory achievement of those compe-
tencies; and

(5) activities approved by the Department.

(d) Each LEA and approved governing boards
of schools are responsible for assuring that all
local courses and workshops and independent study
activities which do not carry IHE credit meet the
standards contained in this Rule.

(e) Agencies which the Department authorizes to
administer renewal requirements locally shall adopt
a procedure to determine the appropriateness of
credit in advance of the renewal activity. In
determining appropriateness the agency must
consider direct relationship to critical job responsi-
bilities, suitability of the content level and properly
established credit for the activity. Each agency
must report on participation in and effectiveness of
renewal activities as the Department requests.

(f) Persons who hold a North Carolina certifi-

cate but who are not currently employed in the
public schools or by approved boards may earn
renewal credit in college or university credit
activities, or local courses and workshops or
activities approved by the Department if they are
admitted on a space available basis. The Depart-
ment will determine the appropriateness of the
credits on the basis of the direct relationship to the
certificate field, the suitability of the content level
and properly established credits for the activity.

(g) The Department will approve in advance
activities which are not established for certificate
renewal by LEAs or which do not carry regular
IHE credit, but which are offered for renewal
credit.

Authority G.S. 115C-12(9)a; N.C. Constitution,
Article IX, Sec. 5.

SUBCHAPTER 6E - STUDENTS

SECTION .0200 - SCHOOL ATHLETICS
AND SPORTS MEDICINE

,0202 INTERSCHOLASTIC ATHLETICS

(a) Only students in grades 7- 1 2 may participate
in interscholastic athletic competition. In order to
qualify for public school participation, a student
must meet the following requirements:

(1) The student must meet the residence
criteria of G.S. 115C-366(a). The
student may participate only at the
school to which the student is assigned
by the LEA.

(2) The principal must have evidence of the
legal birth date of the student. The age
limits for students as of October 16 of
each year are:

(A) no older than age 18 for high school;

(B) no older than age 16 for ninth grade
or junior high; and

(3) In grades 9-12, the student must pass at
least five courses each semester and
meet promotion standards established
by the LEA. In grades 7 and 8, the
student must meet state and local pro-
motion standards and maintain passing
grades each semester. Regardless of
the school organization pattern, a stu-
dent who is promoted from the eighth
grade to the ninth grade automatically
meets the courses passed requirement
for the first semester of the ninth grade.

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PROPOSED RULES

(4,

(5)

(A)
(B)
(C)

(D)

(E)

(6.

The student must receive a medical
examination by a licensed medical
doctor each year (365 days).
The student may not participate after
any of the following:
graduation;

becoming eligible to graduate;
signing a professional athletic con-
tract;

receiving remuneration as a partici-
pant in an athletic contest; or
participating on an all-star team or in
an all-star game that is not sanctioned
by the association of which the
student's school is a member. The
student is ineligible only for the
specific sport involved.
A high school student may participate
only during the eight consecutive
semesters beginning with the student's
first entry into grade nine.

(b) The SBE recognizes that the North Carolina
High School Athletic Association (NCHSAA) has
been organized and operates to enforce the SBE
interscholastic athletic rules. The SBE supports
the exercise of this function by the NCHSAA
within the framework of SBE rules.

(c) The NCHSAA may waive any eligibility
requirement contained in this Rule, except the age
requirement, if it finds that the rule fails to
accomplish its purpose or it works an undue
hardship when applied to a particular student.

(d) Each principal of a school which participates
in interscholastic athletics must certify a list of
eligible students for each sport.

(e) The NCHSAA may adopt and impose
penalties appropriate for the violation of this Rule
at the high school level. The LEA which has
jurisdiction over the school may impose additional
penalties. LEAs or conferences may adopt and
impose penalties at the middle and junior school
levels. Any student-athlete, coach or school
official in grades 7 zl2 wr| o is ejected from any
athletic contest shall be penalized as follows:

(1) for the first offense, the person shall be
reprimanded and suspended for the next
game at that level of play (varsity or
junior varsity) and for any intervening
games at either level;

(2) for a second offense, the person shall
be placed on probation and suspended
for the next two games at that level of
play (varsity or junior varsity) and for
any intervening games at either level;

(3) for a third offense, the person shall be

suspended for one calendar yea r;

(4) a coach who is suspended at any level
of grades 7-12 (middle school, junior
high or high school) may not coach jn
any other grade level in grades 7-12
during the period of suspension;

(5) penalties are cumulative from sport to
sport and from sport season to s port
season. If no member of the school's
coaching staff is present to assume an
ejected coach's duties, the contest shall
be terminated by a forfeit.

(f) The NCHSAA must receive approval from
the SBE or its designee for any new, additional or
revised rule which it proposes for the governance
of athletics.

Statutory Authority G.S. 115C-47(4).

TITLE 19A - DEPARTMENT OF
TRANSPORTATION

Notice is hereby given in accordance with G.S.
150B-21.2 that the North Carolina Department of
Transportation intends to amend rides cited as 19A
NCAC 02E .0216 - .0219 and .0221.

1 he proposed effective date of this action is April
1. 1994.

Instructions on How to Demand a Public Hearing
(must be requested in writing within 15 days of
notice): A demand for a public hearing must be
made in writing and mailed to Emily Lee, Depart-
ment of Transportation, P.O. Box 25201, Raleigh,
NC 27611. Tfie demand must be received within
15 days of this Notice.

Keason for Proposed Action:
19 A NCAC 02E .0216, .0218, .0219, .0221 - will
allow for Logo signing at all freeway interchanges.
19 A NCAC 02E .0217 - deletes definitions which
are no longer applicable to the Logo Sign pro-
gram.

Ksomment Procedures: Any interested person may
submit written comments on the proposed rules by
mailing the comments to Emily Lee, Department of
Transportation, P.O. Box 25201, Raleigh, NC
2761 1 , within 30 days after the proposed rules are
published or until the date of any public hearing
held on the proposed rules, whichever is longer.

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CHAPTER 2 - DIVISION OF HIGHWAYS

SUBCHAPTER 2E -MISCELLANEOUS
OPERATIONS

SECTION .0200 - OUTDOOR
ADVERTISING

.0216 SPECIFIC INFORMATION
SIGNING PROGRAM

The Specific Information Signing Program,
hereinafter "Program", provides certain eligible
businesses with the opportunity to be listed on
official signs within the right-of-way of interstate
highways and fully controlled access highways.
The Traffic Engineering Branch is responsible for
receiving requests for information concerning the
Program. Requests for information may be direct-
ed to the State Traffic Engineer, Division of
Highways, Department of Transportation, P.O.
Box 25201, Raleigh, N. C. 27611. Division
Engineers for the division in which the interchange
is located are responsible for receiving and distrib-
uting applications and copies of policies and
procedures, executing agreements and administer-
ing the agreements.

Authority G.S. 136-89.56; 136-137; 136-139;
143B-346; 143B-348; 143B-350(f); 23 C.ER. 750,
Subpart A; 23 U.S.C. 131(f).

.0217 SPECIFIC INFORMATION
PROGRAM DEFINITIONS

The following definitions apply to 19A NCAC
2E .0216 through .0223:

(1) "Specific Information Panel", or "panel"
means a panel, rectangular in shape,
located within the highway right of way
and consisting of:

(a) the words "GAS", "FOOD", "LODG-
ING", or "CAMPING" and directional
information;

(b) space for one or more individual busi-
ness (logo) signs to be mounted on the
panel.

(2) "Business Sign" or "Logo Sign" means a
separately attached sign, furnished and
owned by a participating business,
mounted on the rectangular panel or
mounted separately for trailblazing to
show the brand, symbol, trademark, or
name, or combination of these, for the
motorist service available on the
crossroad at or near the interchange.

(3) Public Telephone" means a coin operated

W-

(fr

14}

telephone or a business telephone which
is available for public use during all
business hours. If there is an outside
coin-operated telephone in the immediate
vicinity of the business (within the
intersection area, at an adjacent business
or across the road), the business is in
compliance. A business phone at an
adjacent business is not a public
telephone for a particular applicant
business.

"Interstate Highway" means any section
of the highway that is a part of the
"National — System — ef- — Interstate — and
Defense Highways". — A highway listed as
"Interstate Business Loop (or Spur)" or
"Temporary Interstate" is not considered
a part of the Interstate Highway System.
"Rural Interchange" means an

interchange on on Interstate or other fully
controlled access highway, any portion of
which is outside the corporate limits of
any municipality.

{6) "Supplemental Service Sign" means a
panel, rectangular in shape, white legend
and border on a blue background, with
the words "GAS", "FOOD",
"LODGING", "CAMPING" or any
combination thereof.

(5) f7-) "Tire Repair (by an employee)"
means on premise tire repair by an
employee or a contract between the
subject business and another business to
do tire repair for them.

(6) {%} "Fully Controlled Access Highway"
means a highway on which the authority
to control access is exercised to give
preference to through traffic by providing
access connections with selected public
roads only by prohibiting crossings at
grade or direct private driveway
connections.

(7) {9) "Mainline" means fully controlled
access highway.

Authority G.S. 136-89.56; 136-137; 136-139;
143B-346; 143B-348; 143B-350(f); 24 C.ER. 750,
Subpart A; 23 U.S.C. 131(f).

.0218 LOCATION OF PANELS

The department shall control the erection and
maintenance of official signs giving specific
information of interest to the traveling public in
accordance with following criteria:

(1) The department may erect panels at rural

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1876

PROPOSED RULES

interchanges. The department may also
erect panel s at an interchange within a

municipal corporate limit with a

population of 25,000 or less, at the time
application for business signs is made. If
an interchange is taken into a municipal
corporate limit after the initial business
signs are erected, bu s iness signs may be
added to the original — panels until the
panels — have — the — foH — complement — ef
bu s iness s ign s . — No additional panels will
be erected at an interchange that has been
taken into a municipal corporate limit
with 25.000 population or greater .

(2) Panels shall be fabricated and located as
detailed on the signing plans for the
interchanges and shall be located in a
manner to take advantage of natural
terrain and to have the least impact on
the scenic environment.

(3) A separate mainline panel shall be
provided on the interchange approach
for each qualified type of motorist service
except as provided in Item (4) of this
Rule. No more than one panel shall be
erected for a type of service in each
direction approaching an interchange.
Where a qualified type of motorist
service is not available at an interchange,
the panel may not be erected. A
maximum number of six specific business
(logo) signs may be installed on any logo
panel for each service type at an
interchange.

(4) The mainline panels shall be erected
between the previous interchange and 800
feet in advance of the exit direction sign
for the interchange from which the
services are available. There shall be at
least 800 feet spacing between the panels
and other signs. In the direction of
traffic, the successive panels shall be
those for "CAMPING", "LODGING",
"FOOD", and "GAS" in that order. A
combination type panel may be used in
remote rural areas of the Interstate
System, or other fully controlled access
highway and when space does not permit
all signs and only two of each type of
service is available at the location. A
maximum of three business signs may
appear below each respective service on
a combination type panel. If all four
services are available, "GAS" and
"FOOD" shall be combined on one sign.

and "LODGING" and "CAMPING" shall

be combined on one sign. When the

number of business facilities at a rural an

interchange are increased to more than

three for one or more services, existing

combination service business signing

must be removed and replaced with sign

panels, dedicated to each service. If the

spacing limitations prohibit the erection

of Specific Information Panels for all of

the types of services available, preference

shall be given to "GAS", "FOOD",

"LODGING" or "CAMPING" services in

that order. No panels shall be erected

where minimum spacing limitations

cannot be met.

If a panel(s) cannot be erected due to spacing

limitations, a supplemental service sign, which lists

the additional services available, may be erected

below existing sign(s). Not more than three

services may be erected below an existing sign.

(5) On each exit ramp, a ramp panel for the
qualified type of motorist service may be
erected.

If all of the qualified services are visible from the
exit ramp terminal, ramp panels are not required.

(6) The ramp panel shall be erected as
detailed on the signing plans for the
interchange. If conditions permit, the
successive panels along the ramp in the
direction of traffic shall be those for
"CAMPING", "LODGING", "FOOD",
and "GAS" in that order.

(7) If there is insufficient space on the ramp
or the mainline for all the panels, priority
shall be given to "GAS", "FOOD",
"LODGING", then "CAMPING"
services in that order. If panel(s) cannot
be erected on a ramp due to spacing
limitations, a supplemental service sign,
which lists the additional services
available, may be erected.

(8) Panels shall not be erected at an
interchange where the motorist cannot
conveniently re-enter the freeway and
continue in the same direction of travel.
Panels shall not be erected at any
interchange with another controlled
access facility.

Authority G.S. 136-89.56; 136-137; 136-139;
143B-346; 143B-348; 143B-350(f); 23 C.ER. 750.
Subpart A; 23 U.S.C. 131(f).

.0219 ELIGIBILITY FOR PROGRAM

1877

8:19

NORTH CAROLINA REGISTER

January 3, 1994

PROPOSED RULES

Business signs may be permitted, provided said
businesses comply with the following criteria and
have a public telephone:

(1) The individual business installation whose
name, symbol or trademark appears on a
business sign shall give written assurance
of the business's conformity with all
applicable laws concerning the provision (3)
of public accommodations without regard

to race, religion, color, sex, or national

origin. An individual business may apply (a)

for additional sign positions on a sign

panel provided no qualified applicant is (b)

denied space on the sign panel. An

individual business, under construction, (c)

may participate in the program by giving

written assurance of the business's (d)

conformity with all applicable laws and

requirements for that type of service, by

a specified date of opening to be within (e)

one year of the date of application.

(2) The maximum distance that a "GAS"
"FOOD", or "LODGING" service can be (4)
located from the Interstate, or other fully
controlled access highway shall not (a)
exceed three miles in either direction via

an all-weather road. Where no

qualifying services exist within three (b)

miles, the maximum distance may be

increased to six miles, provided the total

travel distance to the business and return

to the interchange does not exceed twelve

miles. The maximum distance for a (c)

"CAMPING" service shall not exceed ten (d)

miles in either direction via an (5)

all-weather road. Said distances shall be

measured from the point on the (a)

interchange crossroad, coincident with

the centerline of the Interstate or other

fully controlled access highway route (b)

median, along the roadways to the

respective motorist service. The point to

be measured to for each business is a

point on the roadway that is

perpendicular to the corner of the nearest

wall of the business to the interchange.

The wall to be measured to shall be that

of the main building or office. Walls of

sheds (concession stands, storage

buildings, separate restrooms, etc.)

whether or not attached to the main

building are not to be used for the

purposes of measuring. If the office

(main building) of a business is located

more than .2 mile from a public road on

a private road or drive, the distance to
the office along the said drive/road shall
be included in the overall distance
measured to determine whether or not the
business qualifies for business signing.
The office shall be presumed to be at the
place where the services are provided.
"GAS" and associated services. Criteria
for erection of a business sign on a panel
shall include:
appropriate licensing as required by
law;

vehicle services for fuel, motor oil, tire
repair (by an employee) and water;
restroom facilities and drinking water
suitable for public use;
an on-premise attendant to collect
monies, make change, and make or
arrange for tire repairs;
year-round operation at least 16
continuous hours per day, seven days a
week.
"FOOD". Criteria for erection of a
business sign on a panel shall include:
appropriate licensing as required by
law, and a permit to operate by the
health department;

year-round operation at least 12
continuous hours per day to serve three
meals a day (sandwich type entrees may
be considered a meal) (breakfast, lunch,
supper), seven days a week;
indoor seating for at least 20 persons;
public restroom facilities.
"LODGING". Criteria for erection of a
business sign on a panel shall include:
appropriate licensing as required by
law, and a permit to operate by the
health department;

adequate sleeping accommodations
consisting of a minimum of 10 units
each, including bathroom and sleeping
room, except a Lodging business
operating as a "Bed and Breakfast"
establishment with less than 10 units
may participate. "Bed and Breakfast"
businesses shall be identified on the
Logo signs by a standard message
specified by the Department. "Bed and
Breakfast" businesses shall only be
allowed to participate in the program if
the maximum number of qualified
Lodging businesses do not request
participation in the program and occupy
spaces on the Logo sign panels;

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1878

PROPOSED RULES

(d) year-round operation.

(6) "CAMPING". Criteria for erection of a
business sign on a panel shall include:

(a) appropriate licensing as required by
law, including meeting all state and
county health and sanitation codes and
having adequate water and sewer
systems which have been duly inspected
and approved by the local health
authority (the operator shall present
evidence of such inspection and
approval);

(b) at least 10 campsites with
accommodations for all types of
travel-trailers, tents and camping
vehicles;

(d) continuous operation, seven days a
week during business season;

(e) removal or masking of said business
sign by the department during off
seasons, if operated on a seasonal basis.

Authority G.S. 136-89.56; 136-137; 136-139;
143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750.
Subpart A; 23 U.S.C. 131(f).

.0221 FEES

(a) The fee for an initial installation is two
hundred fifty dollars ($250.00) per business sign.
Contracts are renewed annually every November
1 . The annual fee is two hundred fifty dollars
($250.00) per business sign. The initial fee shall
cover a one-year period beginning with placement
and acceptance of the "business sign" or "logo
sign" by the department. The fee for that period
of time between the first anniversary of placement
and acceptance and the first annual renewal date
shall be the prorated portion of the annual fee.
Any business which meets the criteria to
participate in the program may pay the cost of
initial installation of a complete logo sign panel
subject to a credit to be determined by the
department at the time it receives any fee from a
business which later qualifies and elects to
participate in the program on the subject panel.
The aforesaid payment of the cost of initial
installation of a complete logo sign panel in no
way relieves the participating business from the
obligation of its payment of the annual
maintenance fee per business sign.

(b) Fees are payable by check or money order
and due in advance of the period or service

covered by said fee. Failure to pay a charge when
due is ground for removal of the sign and
termination of the contract.

(c) When requested by a business, the
department may perform additional requested
services in connection with changes of the business
sign, upon payment of a twenty-five dollar
($25.00) service charge per business sign, and any
new or renovated business sign required for such
purpose shall be provided by the applicant. If the
department removes or masks a business sign
because of seasonal operation, there will be no
additional charge to the business.

(d) The department shall not be responsible for
damages to business signs caused by acts of
vandalism, accidents, natural causes (including
natural deterioration), requiring repair or
replacement of business sign(s). Applicants in
such event shall provide a new or renovated
business sign together with payment of a
twenty-five dollar ($25.00) service charge per
business sign to the department to replace such
damaged business sign(s).

(e) Any participating business, other than
"GAS", "FOOD", or "LODGING" service located
more than three miles from the Interstate, or other
fully controlled access highway, which did not
previously participate in the initial cost of the
installation of logo sign panels, may by making
application to the department and paying the
balance of construction costs not previously paid,
avoid being removed from this program by
applications of other businesses deemed closer to
the interchange. Any participating applicant may
pay the balance of construction costs for only one
logo sign on any sign panel. This payment of the
balance of construction costs in no way relieves
the participating business from the obligation of its
payment of the annual maintenance fee per
business sign.

(f) Any business, other than "GAS", "FOOD",
or "LODGING" service located more than three
miles from the Interstate, or other fully controlled
access highway, which meets the criteria to
participate in the program, by making application
to the department and prepaying all construction
cost fees for addition to existing logo signs, may
avoid being removed from this program by
applications of other businesses deemed to be
closer to the interchange. Any business applicant
may prepay the balance of construction costs for
only one logo sign on any sign panel. This
prepayment of all construction cost fees in no way
relieves the participating business from the
obligation of its payment of the annual

1879

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NORTH CAROLINA REGISTER

January 3, 1994

PROPOSED RULES

maintenance fee per business sign.

(g) Any participating business located more than
three miles from the Interstate, or other fully
controlled access highway, that prepaid all
construction costs for the initial installation of the
logo background sign panels, shall be allowed a
reimbursement if dislocated by another qualifying,
participating business. This reimbursement

amount will be determined by the Department,
based on the life-cycle costs of the logo signs and
the in-service time the business logo was
displayed.

Authority G.S. 136-89.56; 136-137; 136-139;
143B-346; 143B-348; 143B-350(f); 23 C.ER. 750,
Subpart A; 23 U.S.C. 131(f).

TITLE 21 - OCCUPATIONAL
LICENSING BOARD

Notice is hereby given in accordance with G.S.
150B-21.2 that the North Carolina Psychology
Board intends to amend rule cited as 21 NCAC 54
.1605.

± he proposed effective date of this action is April
1, 1994.

± he public hearing will be conducted at 3:00
p.m. on January 26, 1994 at the Board Room,
Sheraton Crabtree Hotel, Raleigh, NC.

IXeason for Proposed Action: To set fees not
specified by statute.

Lsonunent Procedures: Comments may be submit-
ted in writing or in person at the public hearing or
in writing prior to February 3, 1994 to Martha
Storie, Executive Director, N. C. Psychology
Board, University Hall, Appalachian State Univer-
sity. Boone, N. C. 28608.

CHAPTER 54 - BOARD OF
PRACTICING PSYCHOLOGISTS

SECTION .1600 - GENERAL
PROVISIONS

.1605 FEES

In addition to fees specified in Article 18A,
Chapter 90 of the North Carolina General Statutes,
the following charges will be assessed for the

indicated services:

(1) eight dollars ($8.00) - copy of annual
directory of licensed psychologists;

(2) five dollars ($5.00) - copy of 21 NCAC
54;

(3) fifty dollars ($50.00) two hundred dollars
($200.00) - renewal of license;

(4) ten dollar s ($10.00) late renewal of

licen s e;

the cost of the examination to the Board
plus twenty-five dollars ($25.00) for the
; national written examination;
ten dollars ($10.00) one hundred dollars
($100.00) - state examination; and
twenty five cents ($0.25) per page - copy
of minutes of board meetings or tran-
script of hearing-^

one hundred dollars ($100.00) z applica-
tion fee;

one hundred dollars ($100.00) z reinstate-
ment fee; and
twenty dollars ($20.00) z returned check.

(§4)

(65)
(?6)

18]
(9)

Statutory Authority
90-270. 18(b)(c)

G.S. 12-3. 1(c); 90-270.9;

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1880

LIST OF RULES CODIFIED

1 he List of Rules

Codified

is a listing of rules that were filed with OAH in the month indicated.

Key:

Citation

Title, Chapter, Subchapter and Rule(s)

Adopt

Amend

Repeal

With Chgs

Final text differs from proposed text

Corr

Typographical errors or changes that requires no rulemaking

Eff. Date

Date rule becomes effective

Temp. Expires

Rule was filed as a temporary rule and expires on this date or 180 days

NORTH CAROLINA ADMINISTRATIVE CODE

Editor's Note: Due to the volume of rules filed in September, October and November by the Departments
of Revenue and Transportation for codification into the North Carolina Administrative Code, the Rules
Division is publishing a separate List of Rules Codified for these rules and will be mailing these rule
changes as a separate update to NCAC subscribers.

SEPTEMBER, OCTOBER & NOVEMBER 93

TITLE 17 - DEPARTMENT OF REVENUE

TITLE 19A - DEPARTMENT OF TRANSPORTATION

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

17 NCAC IC .0501 - .0513

10/01/93

4A .0001 - .0008

01/01/94

4B .0104

01/01/94

.0106

01/01/94

.0109

01/01/94

.0304

01/01/94

.0308 - .0311

01/01/94

.0313

01/01/94

.0602

01/01/94

.1305 - .1306

01/01/94

.1402

01/01/94

.1701

01/01/94

.1811

01/01/94

.2001

01/01/94

(

1881

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LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

17 NCAC 4B .3006

01/01/94

.3301

01/01/94

.3402

01/01/94

.3406 - .3407

01/01/94

.3501

.3701

01/01/94

.3704

01/01/94

.4005

01/01/94

.4013

01/01/94

.4103

01/01/94

.4402

01/01/94

.4503 - .4504

01/01/94

.4506

01/01/94

.4509

01/01/94

.4511

01/01/94

.4516

01/01/94

4C .0101

01/01/94

.0201

01/01/94

.0205

01/01/94

.0301 - .0302

01/01/94

.0401 - .0405

01/01/94

.0501 - .0503

01/01/94

.0504

01/01/94

.0505

01/01/94

.0603

01/01/94

.0604

01/01/94

.0701 - .0702

01/01/94

.0801 - .0802

01/01/94

.0901

01/01/94

.0903

01/01/94

.1002

01/01/94

.1003 - .1004

01/01/94

.1101 - .1102

01/01/94

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January 3, 1994

1882

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

EfT.
Date

Temp.
Expires

17 NCAC 4C .1201

01/01/94

.1202

.1204

01/01/94

.1301

01/01/94

.1402

01/01/94

.1501

01/01/94

.1705

01/01/94

.1707

01/01/94

4D .0303

01/01/94

.0305

01/01/94

.0401 - .0402

01/01/94

.0505

01/01/94

.0508 - .0509

01/01/94

.0610

01/01/94

.0909

01/01/94

.1001

01/01/94

.1002

01/01/94

4E .0102

01/01/94

.0201

.0203

01/01/94

.0209 - .0210

01/01/94

.0402

01/01/94

.0501

01/01/94

.0601 - .0602

01/01/94

4F .0001

01/01/94

5A .0001 - .0002

10/01/93

5B .0106

10/01/93

.0203

10/01/93

.1111

10/01/93

.1310

10/01/93

.1405

10/01/93

5C .0603

10/01/93

.0901

11/01/93

1883

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LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

17 NCAC 5C .0904

11/01/93

.2601

10/01/93

7 A .0001 - .0003

10/01/93

7B .0101

10/01/93

.0104- .0106

10/01/93

.0109

10/01/93

.0111

10/01/93

.0113

10/01/93

.0115

10/01/93

.0116

10/01/93

.0117

10/01/93

.0119

10/01/93

.0121

10/01/93

.0122- .0125

10/01/93

.0126

10/01/93

.0201 - .0202

10/01/93

.0206

10/01/93

.0301 - .0302

10/01/93

.0401

10/01/93

.0403 - .0407

10/01/93

.0501

10/01/93

.0502

10/01/93

.0602 - .0604

10/01/93

.0606

10/01/93

.0610

10/01/93

.0615

10/01/93

.0617- .0618

10/01/93

.0621 - .0622

10/01/93

.0624 - .0633

10/01/93

.0702

10/01/93

.0704 - .0708

10/01/93

.0710- .0714

10/01/93

.0716

10/01/93

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NORTH CAROLINA REGISTER

January 3, 1994

1884

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

17 NCAC 7B .0801

10/01/93

.0803

10/01/93

.0805 - .0806

10/01/93

.OS 1 1

10/01/93

.0901 - .0902

10/01/93

.0904

10/01/93

.1001 - .1003

10/01/93

.1101

10/01/93

.1105

10/01/93

.1107

10/01/93

.1111

10/01/93

.1113

10/01/93

.1115

10/01/93

.HIS

10/01/93

.1122 - .1123

10/01/93

.1201 - .1202

10/01/93

.1301 - .1303

10/01/93

.1305

10/01/93

.1401 - .1402

10/01/93

.1403

10/01/93

.1404

10/01/93

.1405

10/01/93

.1601 - .1602

10/01/93

.1701 - .1702

10/01/93

.1703 - .1705

10/01/93

.1706

10/01/93

.1801 - .1802

10/01/93

.1804 - .1805

10/01/93

.1903 - .1905

10'01/93

.1906

10/01/93

.1907

10/01/93

.2001 - .2002

10/01/93

.2101

10/01/93

1885

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LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

17 NCAC 7B .2103

10/01/93

.2105

10/01/93

.2201 - .2205

10/01/93

.2207 - .2213

10/01/93

.2401

10/01/93

.2502 - .2503

10/01/93

.2601 - .2608

10/01/93

.2611

10/01/93

.2701 - .2702

10/01/93

.2801 - .2802

10/01/93

.2901 - .2902

10/01/93

.3001 - .3002

10/01/93

.3004

10/01/93

.3009 - .3012

10/01/93

.3101 - .3103

10/01/93

.3105 - .3107

10/01/93

.3201 - .3202

10/01/93

.3203

10/01/93

.3204

10/01/93

.3301 - .3302

10/01/93

.3401 - .3403

10/01/93

.3501

10/01/93

.3502

10/01/93

.3504 - .3505

10/01/93

.3601

10/01/93

.3602

10/01/93

.3701 - .3703

10/01/93

.3801 - .3804

10/01/93

.3901 - .3905

10/01/93

.3911

10/01/93

.4003

10/01/93

.4005

10/01/93

.4006

10/01/93

8:19

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1886

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

17 NCAC 7B .4101 - .4107

10/01/93

.4109

10/01/93

.4202 - .4203

10/01/93

.4206 - .4207

10/01/93

.4301 - .4303

10/01/93

.4402 - .4403

10/01/93

.4406 - .4408

10/01/93

.4410

10/01/93

.4413 - .4415

10/01/93

.4416

10/01/93

.4501

10/01/93

.4502

10/01/93

.4503 - .4504

10/01/93

.4506

10/01/93

.4508 - .4511

10/01/93

.4514

10/01/93

.4601

10/01/93

.4602 - .4604

10/01/93

.4606

10/01/93

.4609

10/01/93

.4611

10/01/93

.4612 - .4613

10/01/93

.4614- .4615

10/01/93

.4617

10/01/93

.4619

10/01/93

.4701

10/01/93

.4706 - .4708

10/01/93

.4710 - .4711

10/01/93

.4713

10/01/93

.4715 - .4716

10/01/93

.4801

10/01/93

.4902

10/01/93

.5003 - .5004

10/01/93

1887

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LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

17 NCAC 7B .5102

10/01/93

.5201 - .5202

10/01/93

.5301

10/01/93

.5406

10/01/93

.5410- .5412

10/01/93

.5414

10/01/93

.5419 - .5421

10/01/93

.5424

10/01/93

.5429 - .5431

10/01/93

.5435

10/01/93

.5439

10/01/93

.5442

10/01/93

.5444 - .5445

10/01/93

.5446

10/01/93

.5448

10/01/93

.5450 - .5452

10/01/93

.5454 - .5456

10/01/93

.5461

10/01/93

7C .0103

10/01/93

.0104- .0105

10/01/93

8 .0403 - .0404

10/01/93

.0406

10/01/93

.0503 - .0504

10/01/93

.0506

10/01/93

.0508

10/01/93

.0603

10/01/93

.0605 - .0606

10/01/93

.0608 - .0610

10/01/93

.0702 - .0704

10/01/93

.0706

10/01/93

.0901 - .0904

10/01/93

.1002

10/01/93

.1102- .1103

10/01/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1888

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

EfF.
Date

Temp.
Expires

17 NCAC 8 .1201

10/01/93

.1301 - .1302

10/01/93

.1501

10/01/93

.1505

10/01/93

.1601 - .1604

10/01/93

9G .0102

01/01/94

.0104

01/01/94

.0201 - .0203

01/01/94

.0301 - .0303

01/01/94

.0306

01/01/94

.0402 - .0404

01/01/94

.0502 - .0503

01/01/94

.0507

01/01/94

.0509

01/01/94

.0512

01/01/94

.0514

01/01/94

.0516

01/01/94

9H .0102

01/01/94

.0202

01/01/94

.0208

01/01/94

.0210

01/01/94

.0302 - .0303

01/01/94

.0305

01/01/94

.0409

01/01/94

91 .0102

01/01/94

.0301 - .0301

01/01/94

.0402

01/01/94

.0506

01/01/94

9J .0204

01/01/94

10 .0503

10/01/93

11 .0201 - .0202

10/01/93

.0205

10/01/93

19A NCAC 1A .0101

11/01/93

1889

8:19

NORTH CAROLINA REGISTER

January 3, 1994

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

19A NCAC 1A .0102

11/01/93

.0103

11/01/93

.0201

11/01/93

.0202 - .0203

11/01/93

.0301

11/01/93

.0302 - .0303

11/01/93

.0401

11/01/93

.0402 - .0403

11/01/93

.0701 - .0711

12/01/93

.0901 - .0902

11/01/93

.1001 - .1002

11/01/93

IB .0101

11/01/93

.0102

.0103

11/01/93

.0201 - .0203

11/01/93

.0206

.0301 - .0302

11/01/93

.0401

11/01/93

.0402

.0403

11/01/93

.0501 - .0502

11/01/93

.0501 - .0502

1C .0101

11/01/93

.0102

11/01/93

.0201

11/01/93

.0202 - .0208

11/01/93

.0209

11/01/93

2A .0101

12/01/93

.0102

12/01/93

2B .0101 - .0108

10/01/93

.0110

10/01/93

.0112- .0113

10/01/93

.0114

10/01/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1890

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

EfT.
Date

Temp.
Expires

19A NCAC 2B .0115 - .0118

10/01/93

.0119

12/01/93

.0120 - .0121

10/01/93

.0123

10/01/93

.0125 - .0128

10/01/93

.0129

10/01/93

.0130

10/01/93

.0131 - .0133

10/01/93

.0134- .0137

10/01/93

.0138 - .0139

10/01/93

.0140

10/01/93

.0142

10/01/93

.0143

11/01/93

.0151

12/01/93

.0152 - .0153

12/01/93

.0155 - .0158

10/01/93

.0159 - .0160

10/01/93

.0161 - .0162

10/01/93

.0162

12/01/93

.0164

10/01/93

.0165

.0201

10/01/93

.0201

12/01/93

.0203

10/01/93

.0208

10/01/93

.0209 - .0211

10/01/93

.0212 - .0213

10/01/93

.0215 - .0216

10/01/93

.0217

11/01/93

.0218

10/01/93

.0219

10/01/93

.0220

10/01/93

.0221

12/01/93

1891

8:19

NORTH CAROLINA REGISTER

January 3, 1994

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

19A NCAC 2B .0222 - .0223

10/01/93

.0224 - .0225

10/01/93

.0226

10/01/93

.0227

10/01/93

.0228

10/01/93

.0230

10/01/93

.0234

10/01/93

.0236 - .0237

10/01/93

.0432 - .0433

10/01/93

.0441 - .0466

10/01/93

.0501

10/01/93

.0503 - .0504

10/01/93

.0507- .0510

10/01/93

.0513

10/01/93

.0515

10/01/93

.0601

10/01/93

.0604 - .0605

10/01/93

2D .0104

12/01/93

.0201 - .0203

.0202 - .0203

12/01/93

.0402 - .0405

11/01/93

.0410

11/01/93

.0414 - .0415

11/01/93

.0417 - .0420

11/01/93

.0421

11/01/93

.0423 - .0425

11/01/93

.0426 - .0429

11/01/93

.0501 - .0503

12/01/93

.0505

12/01/93

.0517- .0521

12/01/93

.0523 - .0524

12/01/93

.0530

12/01/93

.0533 - .0534

12/01/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1892

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

19A NCAC 2D .0537

12/01/93

.0539

12/01/93

.0601

11/01/93

.0612

11/01/93

.0618

11/01/93

.0633

11/01/93

.0701

10/01/93

.0702

10/01/93

.0703

10/01/93

.0704

10/01/93

.0706

10/01/93

.0708 - .0709

10/01/93

.0801 - .0803

12/01/93

.0807

10/01/93

.0809

10/01/93

.0811

10/01/93

.0813 - .0820

10/01/93

.0821

12/01/93

.0825

10/01/93

.0827 - .0828

10/01/93

.0829

10/01/93

.0830

10/01/93

.0901

12/01/93

.1001 - .1007

.1002 - .1007

11/01/93

.1008

11/01/93

2E .0101 - .0102

11/01/93

.0201

12/01/93

.0202 - .0204

11/01/93

.0205

11/01/93

.0206 - .0215

11/01/93

.0216 - .0223

10/01/93

.0301

12/01/93

1893

8:19

NORTH CAROLINA REGISTER

January 3, 1994

LIST OF RULES CODIFIED

Citation

With
Ctags

Corr

Eff.
Date

Temp.
Expires

19A NCAC 2E .0302

12/01/93

.0303

12/01/93

.0401

11/01/93

.0403 - .0404

11/01/93

.0417

11/01/93

.0421

11/01/93

.0423

11/01/93

.0426

11/01/93

.0501 - .0502

12/01/93

.0606

12/29/93

.0701

12/01/93

.0801

12/01/93

.0803 - .0804

12/01/93

.0905

12/01/93

3A .0101

12/01/93

.0104

12/01/93

3B .0201

12/01/93

.0403

12/01/93

.0601

12/01/93

.0603 - .0604

12/01/93

.0605 - .0607

12/01/93

.0608 - .0609

12/01/93

.0610 - .0611

12/01/93

.0612 - .0613

12/01/93

.0615 - .0617

12/01/93

.0619

12/01/93

.0701

12/01/93

.0703 - .0704

12/01/93

.0706

12/01/93

.0709

12/01/93

.0716

12/01/93

3C .0101

12/01/93

.0201 - .0202

12/01/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1894

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

19A NCAC 3C .0220 - .0222

12/01/93

.0226

12/01/93

.0228 - .0229

12/01/93

.0231

12/01/93

.0233 - .0234

12/01/93

.0236 - .0237

12/01/93

.0301

12/01/93

.0303 - .0305

12/01/93

.0401

12/01/93

.0415 - .0416

12/01/93

.0420

12/01/93

.0424

12/01/93

.0427

12/01/93

.0429

12/01/93

.0520 - .0521

12/01/93

3D .0224

12/01/93

3E .0302 - .0304

12/01/93

.0401

12/01/93

.0403

12/01/93

3F .0601 - .0602

12/01/93

3G .0101 - .0102

12/01/93

.0203 - .0204

12/01/93

.0209

12/01/93

.0212

12/01/93

.0301

12/01/93

.0401

12/01/93

3H .0201

12/01/93

.0204 - .0205

12/01/93

.0301

12/01/93

31 .0101 - .0102

12/01/93

.0104

12/01/93

.0201 - .0202

12/01/93

.0209

12/01/93

1895

8:19

NORTH CAROLINA REGISTER

January 3, 1994

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

Eff.
Date

Temp.
Expires

19A NCAC 31 .0210

12/01/93

.0302 - .0303

12/01/93

.0306 - .0307

12/01/93

.0401

12/01/93

.0501

12/01/93

.0506

12/01/93

.0508

12/01/93

.0601

12/01/93

.0702

12/01/93

.0801 - .0803

12/01/93

4A .0001

12/01/93

.0003

12/01/93

.0004 - .0009

12/01/93

4B .0102 - .0105

12/01/93

.0201 - .0203

12/01/93

.0301 - .0305

12/01/93

.0401 - .0406

12/01/93

.0501 - .0504

12/01/93

5B .0101 - .0104

12/01/93

.0105

12/01/93

.0201 - .0204

12/01/93

.0207 - .0208

12/01/93

.0301

12/01/93

.0401 - .0402

12/01/93

.0501

12/01/93

.0504

12/01/93

6A .0001 - .0002

12/01/93

6C .0101

12/01/93

.0108 - .0110

12/01/93

.0112

12/01/93

.0123 - .0127

12/01/93

.0128

12/01/93

.0129

12/01/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1896

LIST OF RULES CODIFIED

Citation

With
Chgs

Corr

EfT.
Date

Temp.

Expires

19A NCAC 6C .0130 - .0132

12/01/93

.0133

12/01/93

.0301

12/01/93

.0304

12/01/93

.0403

12/01/93

.0408

12/01/93

.0409

12/01/93

.0501

12/01/93

.0502 - .0503

12/01/93

.0507

12/01/93

.0601

12/01/93

.0703 - .0704

12/01/93

6D .0101 - .0105

12/01/93

.0201

12/01/93

.0202 - .0206

12 01/93

1897

8:19

NORTH CAROLINA REGISTER

January 3, 1994

RRC OBJECTIONS

1 he Rules Review Commission (RRC) objected to the following rules in accordance with
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d).

as.

ADMINISTRATION

State Employees Combined Campaign

1 NCAC 35 .0103 - Organization of the Campaign

Agency Revised Rule

AGRICULTURE

North Carolina State Fair

2 NCAC 20B .0106 - General

Agency Revised Rule

COMMERCE

Banking Commission

4 NCAC 31 .0305 - Issuance of Certificate of Registration
Agency Re\>ised Rule

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

Coastal Management

15 A NCAC 7H .2002 - Approval Procedures

Agency Responded

No Action
15 A NCAC 7H .2004 - General Conditions

Agency Responded

No Action

Environmental Management

15 A NCAC 2D .0518 - Msc Volatile Organic Compound Emissions

Agency Rexised Rule
15A NCAC 2D .0948 - VOC Emissions from Transfer Operations

Agency Revised Rule
15 A NCAC 2L .0103 - Policy

Agency Revised Rule

Rule Returned to Agency

Agency Filed Rule for Codification Over RRC Objection

RRC Objection
Obj. Removed

11/18/93
11/18/93

09/17/93
10/21/93

10/21/93
10/21/93

RRC

Objection

09/17/93

Obj.

Cont 'd

10/21/93

Obj.

Cont 'd

11/18/93

RRC

Objection

09/17/93

Obj.

Cont'd

10/21/93

Obj.

Cont 'd

11/18/93

RRC

Objection

11/18/93

Obj.

Removed

11/18/93

RRC

Objection

11/18/93

Obj.

Removed

11/18/93

RRC

Objection

09/17/93

RRC

Objection

09/17/93

Obj.

Cont 'd

10/21/93

Eff.

11/04/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1898

RRC OBJECTIONS

HUMAN RESOURCES

Aging

10 NCAC 22G . 0505 - Staffing

Agency Revised Rule
10 NCAC 22G .0506 - Congregate Site Requirements

Agency Revised Rule
10 NCAC 22G .0509 - Home-Delivered Meals Standards

Agency Revised Rule
10 NCAC 22G .0510 - Congregate Food Requirements

Agency Revised Rule
10 NCAC 22G .0514 - Administration Requirements

Agency Revised Rule
10 NCAC 22S .0102 - Withdrawal of Area on Aging Designation

Agency Re\ised Rule

RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed

10/21/93
10/21/93
10/21/93
10/21/93
10/21/93
10/21/93
10/21/93
10/21/93
10/21/93
10/21/93
10/21/93
10/21/93

Children's Services

10 NCAC 41 R .0002 - Administration and Organization
Agency Responded
Rule Returned to Agency-
Agency Filed Rule for Codification Over RRC Objection

RRC Objection 07/15/93

Obj. Cont'd 08/20/93

Obj. Cont'd 09/17/93

Eff. 10/01/93

Facility Services

10 NCAC 3H .0108 - Definitions
Agency Re\ised Rule

RRC Objection 10/21/93
Obj. Removed 10/21/93

Mental Health: General

10 NCAC 14A . 1603 recodified as 14U .0303 - Registered Nurse RRC Objection 11/18/93

Agency Revised Rule Obj. Removed 11/18/93

10 NCAC 14A .1903 recodified as 14V .0603 - Space Requirements RRC Objection 11/18/93

Agency Revised Rule Obj. Removed 11/18/93

10 NCAC 14A .2204 recodified as 14U .0904 - Treatment or Habituation Plan RRC Objection 11/18/93

Agency Revised Rule Obj. Removed 11/18/93

10 NCAC 14A .2208 recodified as 14U .0908 - Rel Planning/Res /Inpatient Svcs RRC Objection 11/18/93

Agency Revised Rule Obj. Removed 11/18/93

10 NCAC 14A .2304 recodified as 14V .1004 - Testing Services RRC Objection 11/18/93

Agency Revised Rule Obj. Removed 11/18/93

10 NCAC 14A . 2404 recodified as 14V .1104- Invol Admin I Psychotropic Med RRC Objection 11/18/93

Agency Re\ised Rule Obj. Removed 11/18/93

INSURANCE

Financial Evaluation Division

11 NCAC 11H .001 1 - Insolvency or Hazardous Financial Condition
Agency Rexised Rule

Special Services Division

11 NCAC 13 .0318 - Request for Cancellation Notice

RRC Objection 11/18/93
Obj. Cont'd 11/18/93

RRC Objection 11/18/93

1899

8:19

NORTH CAROLINA REGISTER

January 3, 1994

RRC OBJECTIONS

Agency Revised Rule
JUSTICE
Criminal Justice Education and Training Standards

12 NCAC 9A .0107 - Rule-Making and Administrative Hearing Procedures

Agency Re\>ised Rule
12 NCAC 9B .0101 - Minimum Standards for Criminal Justice Officers

Agency Revised Rule

Private Protective Services

12 NCAC 7D .0108 - Law Enforcement Officers Special Provisions

Sheriffs' Education and Training Standards Commission

12 NCAC 10B . 1003 - Basic Law Enforcement Certificate
Agency Re\>ised Rule

LICENSING BOARDS AND COMMISSIONS

Electrolysis Examiners

21 NCAC 19 .0604 - Program Directors

Agency Revised Rule
21 NCAC 19 .0611 - Identification of Students

Agency Revised Rule
21 NCAC 19 .0613 - Student /Teacher Ratio and Equipment

Agency Revised Rule

Foresters

Obj. Removed 11/18/93

RRC Objection 10/21/93

Obj. Removed 10/21/93

RRC Objection 10/21/93

Obj. Removed 10/21/93

RRC Objection 1 1 II 8/93

RRC Objection 1 1 II 8/93
Obj. Removed 11/18/93

RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed

10/21/93
11/18/93
10/21/93
10/21/93
10/21/93
11/18/93

21 NCAC 20 .0020 - Certification of Consulting Foresters

Agency Revised Rule
21 NCAC 20 .0021 - Rejection of Consultant Affidavit

Agency Revised Rule
21 NCAC 20 .0022 - Handling of Complaints

Agency Revised Rule

Plumbing, Heating and Fire Sprinkler Contractors

21 NCAC 50 .0506 - Minor Repairs and Alterations
Agency Revised Rule

RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed

09/17/93
10/21/93
09/17/93
10/21/93
09/17/93
10/21/93

RRC Objection 10/21/93
Obj. Removed 10/21/93

Practicing Psychologists

21 NCAC 54 .1605 -Fees
Agency Revised Rule

Refrigeration Examiners

RRC Objection 1 1 II 8193
Obj. Removed 11118/93

21 NCAC 60 .0101 - Structure of Board

Agency Repealed Rule
21 NCAC 60 .0207 - Requirements for Examination Applicants

RRC Objection 11/18/93
Obj. Removed 11/18/93
RRC Objection 1 1 /1 8/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1900

RRC OBJECTIONS

Agency Revised Rule

REVENUE

Corporate Income and Franchise Tax

7 7 NCAC 5C . 0904 - The Term Employee
Agency Repealed Rule

STATE PERSONNEL

Office of State Personnel

25 NCAC ID .0308 - Salary Increases

Agency Re\>ised Rule
25 NCAC IE .0301 - Sick Leave Credits

Agency Revised Rule
25 NCAC IE .1102 - Maximum Amount

Agency Revised Rule
25 NCAC IE . 1105 - Retention of Benefits

Agency Revised Rule

TRANSPORTATION

Departmental Rules

19A NCAC IB .0202 - Contents of Petition

Agency Re\'ised Rule
19 A NCAC IB .0302 - Record of Hearing

Agency Re\>ised Rule

Deputy Secretary - Transit, Rail, and Aviation

19A NCAC 6C .0112 - Allowable Project Costs

Agency Re\ised Rule
19 A NCAC 6C .0128 - State Aid to Airports Program Guidance Handbook

Agency Repealed Rule

Director of Administration

19A NCAC 5B .0101 - Fiscal Section Operations
Agency Revised Rule

Division of Highways

19A NCAC 2D .0403 - Use of Dust Allaying Materials

Agency Revised Rule
19A NCAC 2D .0404 - Maintenance Within Municipalities

Agency Re\'ised Rule
19A NCAC 2D .0405 - Examples of Construction and Maintenance Activities

Agency Revised Rule
19 A NCAC 2D .0502 - Ticket Conditions

Agency Re\'ised Rule
19A NCAC 2D .0601 - Permits-Authority. Application and Enforcement

Agency Re\'ised Rule

Obj. Removed 11/18/93

RRC Objection
Obj. Removed

10/21/93
10/21/93

RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed

11/18/93
11/18/93
11/18/93
11/18/93
11/18/93
11/18/93
11/18/93
11/18/93

RRC Objection 10/21/93

Obj. Removed 10/21/93

RRC Objection 10/21/93

Obj. Removed 10/21/93

RRC Objection 11/18/93

Obj. Removed 11/18/93

RRC Objection 11/18/93

Obj. Removed 11/18/93

RRC Objection
Obj. Removed

RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed

11/18/93
11/18/93

10/21/93
10/21/93
10/21/93
10/21/93
10/21/93
10/21/93
11/18/93
11/18/93
10/21/93
10/21/93

1901

8:19

NORTH CAROLINA REGISTER

January 3, 1994

RRC OBJECTIONS

19A NCAC 2D .0633 - Denial: Revocation: Refusal /Renew: Appeal: Invalidation RRC Objection 10/21/93

Agency Revised Rule Obj. Removed 10/21/93

19A NCAC 2D .0801 - Pre -Qualifying to Bid: Requalification RRC Objection 09/17/93

No Response from Agency Obj. Contd 10/21/93

Agency Revised Rule Obj. Removed 11/18/93

19A NCAC 2D .0802 - Invitation to Bid RRC Objection 09/17/93

No Response from Agency Obj. Contd 10/21/93

Agency Revised Rule Obj. Removed 11/18/93

19A NCAC 2D . 0803 - Advertisement and Invitations for Bids RRC Objection 09/1 7/93

No Response from Agency Obj. Cont'd 10/21/93

Agency Rexised Rule Obj. Removed 11/18/93

19A NCAC 2D . 0821 - Return of Bid Bond or Bid Deposit RRC Objection 09/17/93

No Response from Agency Obj. Contd 10/21/93

Agency Revised Rule Obj. Removed 11/18/93

19A NCAC 2E .0404 - Highway Obstructions Interfering/Traffic/Maintenance RRC Objection 10/21/93

Agency Re\'ised Rule Obj. Removed 10/21/93

19A NCAC 2E .0606 - Exceptions to the Policy RRC Objection 11/18/93

Agency Repealed Rule Obj. Removed 11/18/93

Division of Motor Vehicles

19 A NCAC 3B .0616 - Approval: Com School: Community College Instructors

Agency Revised Rule
19 A NCAC 3B .0620 - Grounds for Re\>ocation or Denial of Certification
19A NCAC 3B .0621 - Denial ', 'Rewcation: Company Examiner: Instructor Cert.
19 A NCAC 3C .0223 - Registration: Motor Homes: Etc.

Rule Returned to Agency for Failure to Comply with APA
19A NCAC 3C .0436 - Highway Use Tax
19A NCAC 3C .0521 - Taxicab

Agency Re\'ised Rule
19A NCAC 3G .0205 - Issuing of Original Certificate
19A NCAC 31 .0505 - Confidentiality

RRC Objection

11/18/93

Obj. Removed

11/18/93

RRC Objection

11/18/93

RRC Objection

11/18/93

RRC Objection

11/18/93

RRC Objection

11/18/93

Obj. Removed

11/18/93

RRC Objection

11/18/93

RRC Objection

11/18/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1902

RULES INVALIDATED BY JUDICIAL DECISION

1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court,
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which
invalidate a rule in the North Carolina Administrative Code.

10 NCAC 261 .0101 - PURPOSE: SCOPE AND NOTICE OF CHANGE IN LEVEL OF CARE

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 261 .0101 void as applied in Dorothy McNeil Moore v. N. C Department of Human Resources, Division
of Medical Assistance (93 DHR 1342).

10 NCAC 261 .0102 - REQUEST FOR RECONSIDERATION AND RECIPIENT APPEALS

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 261 .0102 void as applied in Dorothy McNeil Moore v. N. C Department of Human Resources, Division
of Medical Assistance (93 DHR 1342).

10 NCAC 261 .0104 - FORMAL APPEALS

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 261 .0104 void as applied in Dorothy McNeil Moore v. N. C. Department of Human Resources, Division
of Medical Assistance (93 DHR 1342).

1903 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

1 his Section contains the full text of some of the more significant Administrative Law Judge decisions
along with an index to all recent contested cases decisions which are filed under North Carolina 's
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698.

AGENCY

CASE
NUMBER

AL.I

DATE OF
DECISION

PUBLISHED DECISION
REGISTER CITATION

ADMINISTRATION

LMS Express, Inc. v. Administration, Div of Purchase &. Contract

Stauffer Information Systems v. Community Colleges & Administration

McLaurin Parking Co. V. Administration

Warren H. Arrington Jr. v. Division of Purchase & Contract

Travel, Incorporated v. Administration

ALCOHOLIC BEVERAGE CONTROL COMMISSION

92 DOA 0735

Morgan

06/04/93

92 DOA 0803

West

06/10/93

8:7 NCR 613

92 DOA 1662

Morrison

04/02/93

8:3 NCR 320

93 DOA 0132

West

07/21/93

93 DOA 0362

Nesnow

11/08/93

Alcoholic Beverage Control Comra. v. Ann Oldham McDowell
Curtis Ray Lynch v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Ezra Everett Rigsbee
Alcoholic Beverage Control Comm. v. Partnership, Phillip Owen Edward
Alcoholic Beverage Control Comm. v. Gary Morgan Neugent
Alcoholic Beverage Control Comm. v. Azzat Aly Amer
Alcoholic Beverage Control Comm. v. Kirty Ronald Eldridge
Alcoholic Beverage Control Comm. v. Gloria Black McDuffie
Alcoholic Beverage Control Comm. v. Larry Isace Hailstock
Alcoholic Beverage Control Comm. v. Anthony Ralph Cecchini Jr.
Johnnie L. Baker v. Alcoholic Beverage Control Commission
RAMSAC Enterprises, Inc. v. Alcoholic Beverage Control Comm,
Alcoholic Beverage Control Comm. v. Aubrey Rudolph Wallace
Alcoholic Beverage Control Comm. v. Mermaid, Inc.
Alcoholic Beverage Control Comm. v. Majdi Klialid Wahdan
Cornelius Hines T/A Ebony Lounge v. Alcoholic Beverage Ctl. Comm.
Alcoholic Beverage Control Comm. v. Homer Patrick Godwin Jr.
Alcoholic Beverage Control Comm. v. Wanda Lou Ball
Charles Anthonious Morant v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Billy Fincher MeSwain Jr.
Jean Hoggard Askew v. Alcoholic Beverage Control Commission
ABC Comm. v. Partnership /T/A Corrothers Comty Ctr &. Private Club
Alcoholic Beverage Control Comm. v. James Elwood Alphin
Alcoholic Beverage Control Comm. v. James William Campbell
Alcoholic Beverage Control Comm. v. Sydner Jan Mulder
Barbara Locklear v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v. Partnership, T/A Hawk's Landing
Alcoholic Beverage Control Com. v. Thomas Andrew Reid
Zaehary Andre Jones v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v. Mack Ray Chapman
Alcoholic Beverage Control Comm. v. Bistro Enterprises, Inc.
Alcoholic Beverage Control Comm. v. Richard Donald James Jr.
Alcoholic Beverage Control Comm. v. George Oliver O'Neal HI
Alcoholic Beverage Control Comm. v. The Sideline of Wilmington, Inc.
William Vernon Franklin &. Gene Carroll Daniels v. ABC Commission
Alcoholic Beverage Control Comm. v. Joseph Adu
Alcoholic Beverage Control Comm. v. Citizens Fuel Company
Alcoholic Beverage Control Comm. v. Citizens Fuel Company
Alcoholic Beverage Control Comm. v. Mohammad Salim Pirini
Linda R. Cunningham v. Alcoholic Beverage Control Commission
Charles Edward Hare, Club Paradise v. Alcoholic Beverage Ctl. Comm.
Alcoholic Beverage Control Comm. v. Katherine Mary Dufresne
Alcoholic Beverage Control Comm. v. Jerome Hill T/A Corner Pocket
Venus L. Smith v. Alcoholic Beverage Control Commission
Alcohlic Beverage Control Comm. v. Partnership t/a RJ's Store
Alcoholic Bev. Control Comm. v. Mild &. Wild, Inc., Sheila Scholz

92 ABC 0260

Morgan

04/01/93

92 ABC 0288

Gray

05/18/93

92 ABC 0702

West

07/30/93

92 ABC 0978

Gray

05/28/93

92 ABC 1086

Becton

03/22/93

92 ABC 1149

Reilly

09/01/93

92 ABC 1153

Chess

04/26/93

92 ABC 1476

West

05/26/93

92 ABC 1483

Rerlly

04/07/93

92 ABC 1690

Morgan

06/29/93

92 ABC 1735

Chess

05/07/93

93 ABC 0002

Morrison

07/02/93

93 ABC 0047

Gray

05/28/93

93 ABC 0076

Gray

08/04/93

93 ABC 0087

Becton

07/06/93

8:9 NCR 785

93 ABC 0118

Morrison

08/04/93

93 ABC 0125

Reilly

05/13/93

93 ABC 0182

Nesnow

07/29/93

93 ABC 0232

Chess

07/20/93

93 ABC 0239

Gray

08/26/93

93 ABC 0255

West

09/10/93

93 ABC 0318

Reilly

07/22/93

93 ABC 0326

Gray

08/26/93

93 ABC 0327

Gray

08/09/93

93 ABC 0354

Morgan

11/10/93

8:17 NCR 1712

93 ABC 0395

West

09/14/93

93 ABC 0407

Becton

10/18/93

93 ABC 0408

Gray

11/01/93

93 ABC 0421

West

09/13/93

93 ABC 0423

Gray

09/17/93

93 ABC 0430

Reilly

10/07/93

93 ABC 0431

Nesnow

09/01/93

93 ABC 0433

Morgan

11/01/93

8:16 NCR 1553

93 ABC 0462

Becton

10/27/93

93 ABC 0570

Reilly

09/17/93

93 ABC 0601

Nesnow

10/28/93

8:16 NCR 1560

93 ABC 0611

West

10/12/93

93 ABC 0613

West

10/11/93

93 ABC 0616

West

10/13/93

93 ABC 0633

Morrison

11/03/93

93 ABC 0644

Gray

08/10/93

93 ABC 0667

Reilly

12/13/93

93 ABC 0672

Gray

11/23/93

93 ABC 0701

Becton

12/08/93

93 ABC 0860

Mann

09/29/93

93 ABC 1475

Nesnow

03/23/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1904

CONTESTED CASE DECISIONS

AGENCY

COMMERCE

Lester Moore v. Weatheriration Assistance Program

CRIME CONTROL AND PUBLIC SAFETY

George W. Pay lor v. Crime Victims Compensation Comm.
Steven A. Barner v. Crime Victims Compensation Comm.
Anthony L. Hart v. Victims Compensation Comm.
Jennifer Ayers v. Crime Victims Compensation Comm.
Janie L. Howard v. Crime Victims Compensation Comm.
Isabelle Hyman v. Crime Victims Compensation Comm.
James G. Pellom v. Crime Control &. Public Safety
Norman E. Brown v. Victims Compensation Commission
Moses H. Cone Mem Hosp v. Victims Compensation Comm.
David & Jane Spano v. Crime Control Sl Public Safety
Phillip Edward Moore v. Crime Control &. Public Safety
Norma Jean Purkett v. Crime Victims Compensation Comm.
Sheila Carter v. Crime Control and Public Safety
John Willie Leach v. Crime Victims Compensation Comm.
Nellie R. Mangum v. Crime Victims Compensation Comm.
Constance Brown v. Crime Victims Compensation Comm.
Susan Coy v. Crime Victims Compensation Commission

EMPLOYMENT SECURITY COMMISSION

William H. Peace HI v. Employment Security Commission

ENVIRONMENT, HEALTH. AND NATURAL RESOURCES

Charles L. Wilson v. Environment, Health, & Natural Resources
J. Bruce Mulligan v. Environment, Health, & Natrual Resources
Calvin BIythe Davis &. George Thomas Davis v. EHR
Michael D. Barnes v. Onslow Cty Hlth &. Environment and EHR
William E. Finck v. Environment, Health, &. Natural Resources
Utley C. Stallings v. Environment, Health, & Natural Resources
Dora Mae Blount on behalf of Joseph T. Midgette v. Hyde Cty

Bd/Commissioneis, Hyde Cty Bd/Health, &. Environment,

Health, & Natural Resources
A.J. Ballard Jr., Tire & Oil Co., Inc. v. Env., Health, & Nat. Res.
Safeway Removal, Inc. v. Environment, Health, & Natural Res.
White Oak Chapter of the Izaak Walton League, Inc., and

National Parks and Conservation Association, Inc. v.

Division of Solid Waste Management, EHR and Haywood County
Southehem, Inc. v. Environment, Health, & Natural Resources
Elizabeth City /Pisquo tank Cty Mun Airport Auth v. EHNR
W.E. Moulton & Wife, Evelyn Moulton v. Macon County Health Dept.
Interstate Brands Corp & Donald Letfew v. Env., Health, &. Nat. Res.
Service Oil Company v. Environment, Health, &. Natural Resources
Interstate Brands Corp & Donald Letfew v. Env., Health, & Nat. Res.
Residents of Camm &. Shell v. Health Environmental - Septic Tank Div.
City of Salisbury v. Environment, Health, &, Natural Resources
Willie M. Watford v. Hertford Gates District Health Department
Standard Speciality Contractors, Inc. v. EHNR
Shawqi A. Jaber v. Environment, Health, &. Natural Resources
McLeod Leather & Belting Co., Inc. v. Env., Health, & Natural Res.
Angela Power, Albert Power v. Children's Special Health Svcs.
Rayco Utilities. Inc. v. Environment, Health, &. Natural Resources
Erby Lamar Grainger v. Environment, Health, & Natural Resources
Mustafa E. Essa v. Environment. Health, & Natural Resources
A.J. Holt v. Public Water Supply Section, Div. of Environmental Health
Charlie Garheld McPherson Swine Farm v. Env., Health, &. Nat. Res.
Keith Cutler, Kathryn Cutler v. Environment, Health, & Natural Res.
Rosetta Brimage, Vanessa Pack v. Env. Health of Craven County

CASE
NUMBER

93 COM 0105

ALJ

Gray

DATE OF
DECISION

03/08/93

PUBLISIDiD DECISION
REGISTER CITATION

91 EEO0536

Che

10/12/93

91 CPS 1286

Morgan

04/27/93

92 CPS 0453

Nesnow

06/01/93

92 CPS 0937

Chess

03/01/93

92 CPS 1195

Reilly

03/19/93

92 CPS 1787

Reilly

03/26/93

92 CPS 1807

Morrison

05/24/93

93 CPS 0034

Gray

05/05/93

93 CPS 0141

West

07/07/93

93 CPS 0152

Nesnow

04/02/93

8:3 NCR 327

93 CPS 0160

Nesnow

07/30/93

8:10 NCR 862

93 CPS 0169

Nesnow

05/20/93

93 CPS 0205

West

08/27/93

8:12 NCR 1171

93 CPS 0249

Morgan

08/25/93

93 CPS 0263

Morrison

05/20/93

93 CPS 0303

Morrison

06/08/93

93 CPS 0351

Reilly

05/24/93

93 CPS 0623

Reilly

09/22/93

8:19 NCR 1914

91 EHR 0664

Morgan

03/23/93

91 EHR 0773

West

07/13/93

9 1 EHR 0794

Morrison

12/02/93

91 EHR 0825

Morgan

06/21/93

92 EHR 0040

Gray

06/14/93

92 EHR 0062

Gray

03/15/93

92 EHR 0400

Gray

10/15/93

92 EHR 0754

Nesnow

08/30/93

92 EHR 0826

West

03/12/93

8:1 NCR 83

92 EHR 0881

West

09/14/93

92 EHR 0925

Chess

11/08/93

92 EHR 1140

Gray

04/13/93

92 EHR 1144

Morgan

11/15/93

92 EHR 1201*"

Reilly

08/12/93

92 EHR 1205

Reilly

05/27/93

92 EHR 1224*"

Reilly

08/12/93

92 EHR 1462

Morrison

08/25/93

92 EHR 1472

Morrison

04/22/93

92 EHR 1600

Chess

03/24/93

92 EHR 1660

Reilly

05/21/93

92 EHR 1784

Beeton

07/07/93

93 EHR 0003

Morgan

10/11/93

8:15 NCR 1503

93 EHR 0008

Becton

03/24/93

93 EHR 0063

Morrison

09/17/93

93 EHR 0071

Reilly

06/21/93

93 EHR 0146

Gray

03/29/93

93 EHR 0168

West

10/25/93

93 EHR 0181

Reilly

07/23/93

8:10 NCR 870

93 EHR 0185

Morrison

10/20/93

93 EHR 0206

Nesnow

05/20/93

* Consolidated cases.

1905

8:19

NORTH CAROLINA REGISTER

January 3, 1994

CONTESTED CASE DECISIONS

AGENCY

R.L. Stowe Mills, Inc. v. Environment, Health, & Natural Resources

O.C. Stafford/Larry Haney v. Montgomery Cty. Health Dept.

Patricia Y. Marshall v. Montgomery Cty Health Dept. & EHR

Fred M. Grooms v. Environment, Health, &. Natural Resources

Bobby Anderson v. Environment, Health, &. Natural Resources

Shell Bros. Dist., Inc. v. Environment, Health, & Natural Resources

Fred C. Gosnell & wife, Patricia T. Gosnell v. Env., Health, &. Nat. Res.

Holding Bros., Inc. v. Environment, Health, & Natural Resources

Tony Tomson, Diane Clase & William J. Stevenson v. EHR

Hamilton Beach/Proctor-Silex, Inc. v. Environment, Health, & Natrl Res

Tim Whitfield v. Environment, Health, & Natural Resources

Tony Worrell v. Environment, Health, & Natural Resources

L. Terry Fuqua v. Environment, Health, & Natural Resources

Seth B. Gaskill Jr. v. N.C. Coastal Resources Commission

Richard L. Goodman v. Environment, Health, & Natural Resources

Monroe Gaskill v. DEHNR-Div. of Coastal Management

Lanny Clifton, Soufhwind Dev. , Co. v. Div. of Environmental Mgmt.

Blue Ridge Env. Defense League, Inc. v. Env., Health, & Natrl Res

CASE

DATE OF

PUBLISHED DECISION

NUMBER

ALJ

DECISION

93 EHR 0219

Morrison

08/11/93

8:11 NCR 996

93 EHR 0224

Gray

06/07/93

93 EHR 0252

Gray

10/22/93

93 EHR 0276

West

08/27/93

8:12 NCR 1176

93 EHR 0299

Reilly

06/07/93

93 EHR 0308

Becton

05/18/93

93 EHR 0340

Bee ton

08/11/93

93 EHR 0380

Nesnow

08/03/93

8:11 NCR 1001

93 EHR 0466* 12

Reilly

11/30/93

93 EHR 0467* 12

Reilly

11/30/93

93 EHR 0477

Reilly

06/29/93

93 EHR 0520

Gray

12/16/93

93 EHR 0587

Morgan

11/08/93

93 EHR 0624

Reilly

11/08/93

93 EHR 0635

Nesnow

11/18/93

93 EHR 0783

Reilly

11/24/93

93 EHR 0802

Chess

10/13/93

93 EHR 0848

Becton

10/20/93

93 EHR 0862

Nesnow

10/11/93

HUMAN RELATIONS COMMISSION

Human Relations Comm. on behalf of Tyrone Clark v. Myrtle Wilson 92 HRC 0560 Becton 09/07/93

Human Relations Comm. on behalf of Marsha Crisco v. Hayden Morrison 93 HRC 0167 Reilly 08/18/93

:13 NCR 1287
:12 NCR 1168

HUMAN RESOURCES

O.C. Williams v. Human Resources

Ronald Terry Brown v. Human Resources

Dennis K. King v. Human Resources

Cathy Harris, A/K/A Cathy D. Grubb v. Human Resources

Raymond L. Griffin v. Human Resources

O.C. Williams v. Human Resources

Michael L. Ray v. Human Resources

Randy Chambliss v. Human Resources

Melvin White v. Human Resources

Joseph R. Kavaliauskas Jr. v. Human Resources

Larry D. Boyd v. Human Resources

Jefferson D. Boylen v. Human Resources

Jeffery D. Williams v. Human Resources

Jerry L. Summers v. Human Resources

Samuel E. Massenberg Jr. v. Human Resources

William A. Dixon v. Human Resources

Gregory L. Washington v. Human Resources

Edwin Clarke v. Human Resources

Dwayne Allen v. Human Resources

Edwin Ivester v. Human Resources

Connie F. Epps, Otis Junior Epps v. Human Resources

Tyrone Aiken v. Human Resources

Everett M. Eaton v. Human Resources

Eugene Johnson v. Human Resources

Edward E. Brandon v. Human Resources

James Sisk Jr. v. Human Resources

Thomas M. Birdwell EQ v. Human Resources

Darrell W. Russell v. Human Resources

John Henry Byrd v. Human Resources

Aaron James Alford v. Human Resources

Michelle D. Mobley v. Human Resources

Gus W Long Jr. v. Human Resources

Robert E. Watson v. Human Resources

Connell R. Goodson v. Human Resources

Byron Christopher Williams v. Human Resources

Elijah G. Deanes v. Human Resources

James W Bell v. Human Resources

Charles W Stall Jr. v. Human Resources

William A. Wilson HI v. Human Resources

Eric Stanley Stokes v. Human Resources

Clayton L. Littleton v. Human Resources

91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE
91 CSE

91 CSE

92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE

0036* 2

0249

1122

1131

1148

1158* 2

1173

1187

1192

1204

1214

1217

1231

1234

1249

1277

0075

0129

0196

0268

1182

1217

1221

1229

1237

1238

1240

1249

1250

1253

1256

1263

1265

1267

1270

1273

1311

1313

1315

1316* 3

1317

Morgan

Morrison

Morgan

Nesnow

Reilly

Gray

Reilly

Nesnow

Gray

Reilly

Becton

Reilly

Becton

Nesnow

Gray

Reilly

Gray

Nesnow

Mann

Reilly

Morrison

03/30/93
05/17/93
07/28/93
08/24/93
08/24/93
03/30/93
05/17/93
04/28/93
05/17/93
07/29/93
08/24/93
05/17/93
04/28/93
07/28/93
05/17/93
03/04/93
04/01/93
05/17/93
03/31/93
03/30/93
07/22/93
06/17/93
07/27/93
11/16/93
04/16/93
11/17/93
12/09/93
04/20/93
06/04/93
12/06/93
04/15/93
08/16/93
05/06/93
12/07/93
04/26/93
11/17/93
05/10/93
07/06/93
12/07/93
03/25/93
09/02/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1906

CONTESTED CASE DECISIONS

AGENCY

Frank E. Johnson V. Human Resources
David Rollins v. Human Resources
Willie Sam Brown v. Human Resources
L\ndell Greene v. Human Resources
Charles Swann v. Human Resources
Joe B. Rcece v. Human Resources
Michael Anthony Dean v. Human Resources
Gregory W. Alford v. Human Resources
Leroy Snuggs v. Human Resources
James P. Miller III v. Human Resources
Herbert H. Fordham v. Human Resources
Jack Dulq V. Human Resources
Jesse B. Williams v. Human Resources
Johnny Victor Dehity v. Human Resources
Larry L- Crowder v. Human Resources
Carlos Bernard Davis v. Human Resources
Ocie C. Williams v. Human Resources
Terrance Freeman v. Human Resources
Floyd Excell Stafford v. Human Resources
Timothy Brian Eller v. Human Resources
Charles S. Ferrer v. Human Resources
Ronald H. L-ockJey v. Human Resources
Rene Thomas Rittenhouse v. Human Resources
Thomas Edward Williamson v. Human Resources
Roy Chester Robinson v. Human Resources
Lynwc-od McClinton v. Human Resources
Timothy Scott Long v. Human Resources
Kenneth Lamar Massey v. Human Resources
David W. Williams v. Human Resources
William E. Ingram v. Human Resources
Harold R. Pledger v. Human Resources
Kenneth Wayne Wggins v. Human Resources
Carl Beard v. Human Resources
Henry Alston Jr. v. Human Resources
Gary Lewis Doster v. Human Resources
Raymond L. Head v. Human Resources
Mark R. Charles v. Human Resources
Michael W. Bentley v. Human Resources
Robert D. Knoll Jr. v. Human Resources
Dale Robert Stuhre v. Human Resources
James T. Carter Jr. v. Human Resources
Tommy Malone v. Human Resources
James C. Dixon Jr. v. Human Resources
Timothy R. Currence v. Human Resources
Wardell Walker v. Human Resources
Wallace M. Cooper v. Human Resources
Jarvis N. Price v. Human Resources
Thomas L. Yates v. Human Resources
Clearnce Ray Taylor v. Human Resources
Robert E. Tarlton Sr. v. Human Resources
Rodney Devard Clemons v. Human Resources
James A. Coleman v. Human Resources
Lee Richard Jones v. Human Resources
Romeo F Skapple v. Human Resources
Terrial W. Mayberry v. Human Resources
Jeffrey L. Garrett v. Human Resources
Edward Kirk v. Human Resources
William C. Hubbard v. Human Resources
William Michael Przybysz v. Human Resources
Kevin Keith Witmore v. Human Resources
George A. Rinell v. Human Resources
Edward Fitch v. Human Resources
David Robinett v. Human Resources
Harvey H. Boyd v. Human Resources
Kit C. Elmore v. Human Resources
Brian C. Gilmore v. Human Resources
Philip S. Piercy v. Human Resources
Anlhonv McLaughlin v. Human Resources

CASE
NUMBER

92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE
92 CSE

1326
1334
1338
1346
1347
1355
1356
1358
1360
1361
1362
1374
1389
1393
1396
1404
1405
1411
1412
1414
1416
1418
1421
1422
1423
1424
1445
1447
1448
1450
1455
1458
1459
1460
1461
1510
1511
1512
1515
1516
1517
1520
1522
1523
1524
1527
1531
1535
1538
1536
1539
1540
1541
1545
1546
1557
1560
1562
1565
1566
1569
1572
1573
1574
1575
1576
1577
15S2

ALJ

Reilly

Morrison

Nesnow

West

Mann

Morrison

Gray

Morrison

Gray

Nesnow

Gray

Nesnow

Mann

Reilly

Mann

Reilly

Mann

Ne>now

Nesnow

Reilly

Becton

Reilly

Nesnow

Reilly

Morrison

Gray

Reilly

Becton

Morrison

Mann

Becton

Nesnow

Reilly

Mann

Becton

Reilly

Morrison

Gray

Morrison

Gray

Reilly

Gray

Reilly

Gray

Gray 7

Mann

Becton

Reilh

Gray

Reilly

Mann

Reilly

Gray

DATE OF
DECISION

08/16/93
05/06/93
09/15/93
04/16/93
09/16/93
10/12/93
08/13/93
10/18/93
04/15/93
04/16/93
07/19/93
07/16/93
10/12/93
11/15/93
04/15/93
04/15/93
06/25/93
06/07/93
08/31/93
04/20/93
04/15/93
04/20/93
04/20/93
04/20/93
04/15/93
09/15/93
06/29/93
12/07/93
07/19/93
04/15/93
05/20/93
12/13/93
09/08/93
06/29/93
10/21/93
11/18/93
11/17/93
06/09/93
11/17/93
05/11/93
08/31/93
05/07/93
05/11/93
09/09/93
10/12/93
05/11/93
05/12/93
05/10/93
11/18/93
05/17/93
05/10/93
05/11/93
09/08/93
04/26/93
10/12/93
04/22/93
06/29/93
05/12/93
07/23/93
11/01/93
12/09/93
05/11/93
07/14/93
12/09/93
07/16/93
04/26/93
07/16/93
06/29/93

PUBLISHED DECISION
REGISTER CITATION

1907

8:19

NORTH CAROLINA REGISTER

January 3, 1994

CONTESTED CASE DECISIONS

AGENCY

Johnny W. Cooke v. Human Resources
Roland L. Essaff v. Human Resources
Isaac Maxwell v. Human Resources
Donald J. Ray v. Human Resources
Barbara A. Chaperon v. Human Resources
Kenneth Eugene Johnson v. Human Resources
Derrick Carter v. Human Resources
Charles Wayne Pierce v. Human Resources
Gregory L. Vernoy v. Human Resources
Donna G. Knotts v. Human Resources
Robert Jerome Sutton v. Human Resources
Donald R. Williams v. Human Resources
McKinley Clyburn v. Human Resources
Henry L. Taylor v. Human Resources
Tony Thorpe v. Human Resources
Jeffery D. Williams v. Human Resources
Ronald Sowell v. Human Resources
Billy Smith v. Human Resources
Rawn Weigel v. Human Resources
Anthony Curry v. Human Resources
John G. Williams v. Human Resources
Larry W. Golden v. Human Resources
William J. Carter v. Human Resources
Mark W Dean v. Human Resources
Linda D. McDonald v. Human Resources
Tyrone Thomas v. Human Resources
Rilton E. May v. Human Resources
Milton Kendricks v. Human Resources
Joe K. Martin v. Human Resources
Eric Stanley Stokes v. Human Resources
Erskin J. Thompson v. Human Resources
Larry Thompson v. Human Resources
Billie J. Smith v. Human Resources
Patrick Floyd v. Human Resources
James Eric Frost v. Human Resources
Dennis W. Nolan v. Human Resources
Eric L. Garland v. Human Resources
Ira Alston Jr. v. Human Resources
Elvis Bernard Telfair v. Human Resources
Ronald G. Bolden v. Human Resources
Rodney H. Allen, MD v. Human Resources
Donnell E. Byrd v. Human Resources
Marvin Holley v. Human Resources
Eddie Short v. Human Resources
Michael Tywan Marsh v. Human Resources
Leroy Jones v. Human Resources
Antonio M. Townsend v. Human Resources
Kevin J. Close v. Human Resources
Norman Gatewood v. Human Resources
Thadius Bonapart v. Human Resources
Ronald Norman v. Human Resources
Joseph Eric Lewis v. Human Resources
Ronald Dean Lowery v. Human Resources
Tamera S. Hatfield v. Human Resources
Michael Wayne Bryant v. Human Resources
James E. Blakney v. Human Resources
E. Burt Davis Jr. v. Human Resources
Nelson Fowler Jr. v. Human Resources
Oswinn Blue v. Human Resources
Charles E. Whiteley v. Human Resources
Kelvin D. Jackson v. Human Resources
Linwood Staton v. Human Resources
Anthony Watson v. Human Resources
Eugene Polk v. Human Resources
Steve R. Tallent v. Human Resources
Charles A. Morgan v. Human Resources
Glenda K. Hollifield v. Human Resources
Quinton Brickhouse v. Human Resources

CASE

DATE OF

NUMBER

AL.1

DECISION

92CSE

1585

Becton

05/11/93

92CSE

1588

Morrison

07/26/93

92CSE

1589

Reilly

04/26/93

92 CSE

1592

Mann

05/19/93

92 CSE

1593

Mann

10/13/93

92 CSE

1594

Rcilly

11/01/93

92 CSE

1595

Gray

11/17/93

92 CSE

1596

Morrison

07/14/93

92 CSE

1610

Gray

11/09/93

92 CSE

1611

Morrison

07/16/93

92 CSE

1618

Chess

10/12/93

92 CSE

1622

Nesnow

08/04/93

92 CSE

1623

Morrison

05/20/93

92 CSE

1624

Mann

09/15/93

92 CSE

1625

Chess

07/15/93

92 CSE

1626

Mann

05/19/93

92 CSE

1627

Rcilly

07/19/93

92 CSE

1629

Reilly

03/25/93

92 CSE

1630

Mann

11/18/93

92 CSE

1631

Reilly

03/25/93

92 CSE

1632

Mann

08/10/93

92 CSE

1633

Reilly

03/25/93

92 CSE

1637

Nesnow

05/19/93

92 CSE 1638

Reilly

07/15/93

92 CSE

1639

Gray

10/19/93

92 CSE 1640

Mann

07/22/93

92 CSE

1642

Morgan

07/29/93

92 CSE

1647

Gray

12/07/93

92 CSE

1650

Reilly

09/10/93

92 CSE 1652*'

Reilly

03/25/93

92 CSE

1653

Gray

11/17/93

92 CSE

1655

Reilly

07/22/93

92 CSE

1656

Gray

07/23/93

92 CSE

1663

Reilly

05/20/93

92 CSE

1669

Mann

11/18/93

92 CSE

1670

Morrison

06/25/93

92 CSE

1671

Mann

07/22/93

92 CSE

1703

Becton

06/16/93

92 CSE

1704

Reilly

09/15/93

92 CSE

1706

Mann

06/25/93

92 CSE

1707

Morrison

11/18/93

92 CSE

1712

Chess

10/22/93

92 CSE

1713

Mann

06/08/93

92 CSE 1714

West

07/15/93

92 CSE

1716

Gray

06/17/93

92 CSE

1718

Gray

06/17/93

92 CSE

1721

Chess

08/30/93

92 CSE

1727

Chess

08/30/93

92 CSE

1728

Chess

10/22/93

92 CSE

1740

Chess

09/21/93

92 CSE

1746

Chess

10/14/93

92 CSE

1748

Becton

08/02/93

92 CSE

1771

West

07/15/93

92 CSE

1772

Chess

08/30/93

92 CSE

1773

Chess

10/22/93

92 CSE

1779

Nesnow

05/13/93

92 CSE

1780

Gray

11/17/93

93 CSE 0050

Chess

10/18/93

93 CSE 0073

Chess

08/03/93

93 CSE 0183

Becton

11/10/93

93 CSE 0221

West

08/04/93

93 CSE 0250

Nesnow

08/13/93

93 CSE 0396

Nesnow

08/04/93

93 CSE 0437

Chess

08/11/93

93 CSE 0448

West

10/29/93

93 CSE 0518

West

11/09/93

93 CSE 0545

West

10/11/93

93 CSE 0576

Gray

11/17/93

PUBLISHED DECISION
REGISTER CITATION

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1908

CONTESTED CASE DECISIONS

AGENCY

Kenneth W. Williams v. Human Resources

Charles Thompson Jr. v. Human Resources

Barbara W. Catlett v. Human Resources

Laurel Langford v. Human Resources

Ida Diane Davis v. Human Resources

Hatsuko Klein v. Human Resources

Karen Mullins Martin v. Human Resources

Ora Lee Brinkley v. David T. Flaherty, Secretary of Human Resources

Leon Barbee v. Human Resources

Carrolton of Dunn, Inc. v. Human Resources

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of
Cumberland County v. Human Resources, Division of Facility
Services, Certificate of Need Section, and Bio-Medical
Applications of Fayetteville d/b/a Fayetteville Kidney Center,
Webb-Lohaviehan-Mclton Rentals, Bio-Medical Applications
of North Carolina, Inc., d/b/a BMA of Raeford and Webb-
Lohavichan Rentals

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of
Cumberland County v. Human Resources, Division of Facility-
Services, Certificate of Need Section, and Bio-Medical
Applications of Fayetteville d/b/a Fayetteville Kidney Center,
Webb-Lohavichan-Melton Rentals, Bio-Medical Applications
of North Carolina, Inc., d/b/a BMA of Raeford and Wehh-
Lohavichan Rentals

Bio-Medical Applications of North Carolina, Inc., d/b/a BMA
of Raeford, Webb-Lohavichan-Mellon Rentals, Bio-Medical
Applications of North Carolina, Inc., d/b/a BMA of Fayetteville
d/b/a Fayetteville Kidney Center and Webb-Lohaviehan Rentals
v. Human Resources, Division of Facility Services, Certificate of
Need Section and Dialysis Care of North Carolina, Inc., d/b/a
Dialysis Care of Hoke County

Renal Care of Rocky Mount, Inc. v. Human Resources, Division of
Facility Services, Certificate of Need Section, and Bio-Medical
Applications of North Carolina, Inc., d/b/a BMA of Tarboro,
Rocky Mount Nephrology Associates, Inc., Bio-Medical
Applications of North Carolina, Inc., d/b/a BMA of Rocky Mount
d/b/a Rocky Mount Kidney Center, and Rocky Mount Kidney Center
Associates

James H. Hunt Jr. v. Division of Medical Assistance

Barbara Jones v. Human Resources

Joyce P. Williams v. Human Resources

Snoopy Day Care, Diane Hamby v. Child Day Care Licensing

Cynthia Reed v. Human Resources

The Neighborhood Center v. Human Resources

Helm's Rest Home, Ron J. Schimpf/Edith H. Wilson v. Human Resources

Jo Ann Kinsey v. NC Memorial Hospital Betty Hutton, Volunteer Svc.

Amy Clara Williamson v. NC Mem Hosp Betty Hutton, Volunteer Svc.

Betty Butler v. Human Resources

Wayne Sanders and Brenda Sanders v. Human Resources

Britthaven, Inc. v. Human Resources & Valdese Nursing Home, Inc.

Samuel Benson v. Office of Admin. Hearings for Medicaid

James W. McCall, Alice V. McCall v. Human Resources

Vernice Whisnant v. Human Resources

Nell Brooks v. Child Day Care Section, Cherokee Cty Dept/Social Svcs

Cabarrus Cty Dept. of Social Svcs. v. Human Resources

Hannah F. Tonkel v. Human Resources

Fannie Lewis v. Human Resources

Human Resources, Div. of Child Development v. Susan Amato

Katie Kelly v. Human Resources

A.C., by &■ through her agent & personal rep. Hank Neal v. Human Res.

Venola Hall, Agape Day Care v. Human Resources

Warren Cty NC Lucious Hawkins v. Human Resources. C. Robin Britt

Christopher Durrer, Wilson Memorial Hospital v. Human Resources

Mary McDufhe v. Human Resources Child Development

Darryl A. Richardson v. Human Resources

Home Health Prof., Barbara P. Bradsher, Admin v. Human Resources

Sandra Gail Wilson v. Child Abuse/Neglect, Div. of Child Development

Thomas M. Moss v. Human Resources

CASE

DATE OK

NUMBER

ALJ

DECISION

93 CSE 0590

Reilly

10/18/93

93 CSE 0696

Morrison

09/23/93

92 DCS 0577

West

03/15/93

92 DCS 1181

Gray

05/04/93

92 DCS 1200

Gray

03/29/93

92 DCS 1271

Reilly

05/05/93

92 DCS 1783

West

08/04/93

92 DHR 0608

Chess

08/27/93

92 DHR 0658

Morrison

04/30/93

92 DHR 1101

Morgan

07/26/93

92 DHR 1109*

Morgan

06/22/93

PUBLISHED DECISION
REGISTER CITATION

92 DHR 1110* Morgan

92 DHR 1120

Gray

06/22/93

92 DHR 1116* Morgan 06/22/93

06/18/93

92 DHR

1145

Becton

05/13/93

92 DHR

1192

Nesnow

04/02/93

92 DHR

1275

Gray

03/15/93

92 DHR

1320

Morgan

05/21/93

92 DHR

1329

Chess

05/10/93

92 DHR

1375

Chess

08/02/93

92 DHR

1604

Reilly

05/10/93

92 DHR

1612

Chess

03/08/93

92 DHR

1613

Chess

03/08/93

92 DHR

1614

Chess

03/09/93

92 DHR

1699

Reilly

06/07/93

92 DHR

1785

Gray

09/17/93

93 DHR 0010

Becton

03/11/93

93 DHR 0102

Morgan

10/05/93

93 DHR 0332

Morgan

09/23/93

93 DHR 0343

Becton

11/29/93

93 DHR 0373

Morgan

07/20/93

93 DHR 0378

Nesnow

09/10/93

93 DHR 0379

Gray

06/28/93

93 DHR 0418

Morgan

08/26/93

93 DHR 0441

Chess

07/26/93

93 DHR 0529

Nesnow

12/06/93

93 DHR 0535

Mann

10/22/93

93 DHR 0540

Gray

12/06/93

93 DHR 0566

Chess

09/17/93

93 DHR 0651

Becton

09/10/93

93 DHR 0679

Becton

09/30/93

93 DHR 0737

Chess

09/23/93

93 DHR 0782

Nesnow

09/09/93

93 DHR 0864

Chess

11/05/93

(

8:5 NCR 441

8:4 NCR 392
8:8 NCR 687

8:8 NCR 687

:5 NCR 443
:3 NCR 313

8:7 NCR 632

8:18 NCR 1832

8:19 NCR 1926

(

1909

8:19

NORTH CAROLINA REGISTER

January 3, 1994

CONTESTED CASE DECISIONS

AGENCY

CASE
NUMBER

AI.J

DATE OF
DECISION

PUBLISHED DECISION
RECISTER CITATION

Rosa Wall v. Nurse Aide Registry, Charge of Abuse 93DHR0881 West 12/15/93

Frank S. & Susie R. Wells v. New Hanover Cty. Dept of Social Svcs. 93 DHR 0922 Nesnow 1 1/08/93

INSURANCE

Carolyn M. Hair v. St Employees Comprehensive Major Medical
Scotland Memorial Hospital, Mary Home Odom v. Bd. /Trustees//
St. of N.C. Teachers' &. St. Emp. Comp. Major Medical Plan, and
David G. Devries, as Exec. Admin, of the N.C. Teachers' & St. Emp.
Comp. Major Medical Plan
Phyllis C. Harris v. Teachers' & St. Emp. Comp. Major Med. Plan
Jarmaine Knight v. Ms. Shirley H. Williams, Insurance

JUSTICE

Philip B. Cates v. Justice, Attorney General's Office

Donald Willaid Johnson v. Criminal Justice Ed. & Training Stds. Comm.

Jennings Michael Bostic v. Sheriffs' Ed. &. Traning Stds. Comm.

Colin Carlisle Mayers v. Sheriffs' Ed. &. Training Stds. Comm.

Jennings Michael Bostic v. Sheriffs' Ed. & Traning Stds. Comm.

Michael Charles Kershner v. Criminal Justice Ed & Training Stds Comm

George Wilton Hawkins v. Criminal Justice Ed. & Training Stds. Comm.

Marilyn Jean Britt v. Criminal Justice Ed. & Training Stds. Comm.

Tim McCoy Deck v. Criminal Justice Ed. & Training Stds. Comm.

Richaid Zander Frink v. Criminal Justice Ed. & Traning Stds. Comm.

Sherri Ferguson Revis v. Sheriffs' Ed. & Training Stds. Comm.

Mark Thomas v. Sheriffs' Ed. & Training Standaids Commission

George Wilton Hawkins v. Sheriffs' Ed. & Training Stds. Comm.

Noel B. Rice v. Criminal Justice Ed. & Training Standaids Comm.

Lonnie Allen Fox v. Sheriffs' Ed. & Training Standards Commission

Alarm Systems Licensing Bd. v. Eric Hoover

Alarm Systems Licensing Bd. v. Vivian Darlene Gaither

Rebecca W Stevenson v. Criminal Justice Ed. &. Training Stds. Comm.

Lloyd Harrison Bryant Jr. v. Criminal Justice Ed &. Training Stds Comm

William B. Lipscomb v. Private Protective Services Boaid

Private Protective Svcs. Bd. v. Fred D. Rector

Private Protective Svcs. Bd. v. Alan D. Simpson

William M. Medlin v. Sheriffs' Ed. & Training Stds. Comm.

Karl L. Halsey Sr. v. Criminal Justice Ed. & Training Stds. Comm.

Charles Freeman v. Sheriffs* Ed. & Training Stds. Comm.

Shayne K. MacKinnon v. Sheriffs' Ed. & Training Stds. Comm.

Carl Michael O'Byrne v. Alarm Systems Licensing Board

Private Protective Services Boaid v. Michael A. McDonald

92 INS 1464
92 INS 1791

93 INS 0197
93 INS 1056

Chess
Reilly

Nesnow
West

03/10/93
08/19/93

07/29/93
12/01/93

90 DOJ 0353

Morgan

08/30/93

8:13 NCR 1281

92 DOJ 0420

West

11/05/93

8:17 NCR 1705

92 DOJ 0656* 7

West

06/22/93

92 DOJ 0761

Morrison

05/10/93

92 DOJ 0829* 7

West

06/22/93

92 DOJ 0869

Morgan

08/11/93

92 DOJ 1081*'

Morgan

07/09/93

92 DOJ 1088

Morrison

03/16/93

92 DOJ 1367

Chess

04/01/93

92 DOJ 1465

Nesnow

05/28/93

92 DOJ 1756

Gray

03/23/93

93 DOJ 0151

West

04/21/93

93 DOJ 01 56*'

Morgan

07/09/93

93 DOJ 0174

Morrison

12/13/93

93 DOJ 0196

Morrison

08/09/93

93 DOJ 0201

Becton

07/12/93

93 DOJ 0202

Chess

05/10/93

93 DOJ 0357

Morrison

09/13/93

93 DOJ 0377

Reilly

08/31/93

93 DOJ 0458

Morrison

06/01/93

93 DOJ 0479

Mann

08/19/93

93 DOJ 0480

West

07/21/93

93 DOJ 0569

Chess

10/06/93

93 DOJ 0625

Gray

12/01/93

93 DOJ 0685

Nesnow

12/06/93

93 DOJ 0686

Nesnow

12/16/93

93 DOJ 0844

Nesnow

09/08/93

8:13 NCR 1300

93 DOJ 0975

Gray

11/29/93

LABOR

Greensboro Golf Center, Inc. v. Labor

Ronald Dennis Hunt v. Labor

Jeffrey M. McKinney v. Labor

Pastor Larry C. Taylor Warsaw Church of God v. Labor

MORTUARY SCIENCE

Board of Mortuary Science v. Triangle Funeral Chapel, Inc
PUBLIC INSTRUCTION

92 DOL 0204

Nesnow

04/15/93

92DOL 1319

Morgan

06/17/93

92 DOL 1333

Morrison

06/21/93

93 DOL 0961

West

11/16/93

92 BMS 1169

Reilly

04/29/93

8:4 NCR 396

Arnold O. Herring v. Public Instruction

Frances F. Davis, Parent of Joseph E. Davis v. Public Instruction

Donna Marie Snyder v. Public Instruction

91 EDC 0858

Becton

10/20/93

93 EDC 0628

Mann

07/29/93

93 EDC 0731

Nesnow

09/16/93

STATE PERSONNEL

Frances K. Pate v. Transportation

Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart,

James H. Johnson, James D. Hshel v. Justice
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart,

88 OSP 0340 Morrison 05/03/93

90 OSP 1064* 1 Mann 05/04/93

90 OSP 1065* 4 Mann

05/04/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1910

COXTESTED CASE DECISIONS

AGENCY

CASE

M MB1 R

ALJ

DATE OF
DECISION

PUBLISHED DECISION

James H. Johnson, James D. Fishel v, Justice
Lawrence D. Wilkie, Jem, R. Evans, Jules R. Hancart,

James H. Johnson, James D. Fishel v. Justice
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart.

James H. Johnson. James D. Fishel v. Justice
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart.

James H. Johnson. James D. Fishel v. Justice
Connie B. Lee v. Justice

Donald Allen Rutschman v. UNC Greensboro. Office of Human Res.
Bernie B. Kellly v. Correction
Brenda G. Mitchell v. Correction
Walton M. Piltman v. Correction

Adolph Alexander Justice Jr. v. Motor Vehicles, Transportation
Clayton Brewer v. North Carolina State University
Sherman Dave v. Transportation
Donnie M. White v. Correction

Gregory Samuel Parker v. Environment. Health, &. Natural Resources
Renee E. Shepherd v. Winston-Salem State University
Eva Doekery v. Human Resources

Lee P. Crosby v. Michael Kelly, William Meyer and EHR
William Marshall Boyd Jr. v. County Commissioners of Hyde &i

Certain Board of Health Members
Gregory Samuel Parker v. Environment. Health, &. Natural Resources
Willie Granville Bailey v. Winston-Salem State University
Mattie W. Smith v. State Agricultural and Technical University
Julia Spinks v. Environment. Health. & Natural Resources
James B. Price v. Transportation
I Cary Nailling v. UNC-CH
Deborah Barber v. Correction
Laverne B. Hill v. Transportation
Jimmy D. Wilkins v. Transportation

Sarah W. Britt v. Human Resources, C.A. Dillon School. CPS
Charles Robinson v. Revenue

Anna L. Spencer v. Mecklenburg County Area Mental Health
Herman James Goldstein v. UNC-Chapel Hill et al.
Ronnie H. Mozingo v. Correction
Glinda C. Smith v. Wildlife Resources Commission
Cindy G. Bartlett v. Correction

William Kenneth Smith Jr. v. Broughton Hospital (Human Resources)
Larry O. Nobles v. Human Resources

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ.
Tracey Hall v. N.C. Central U, Off. of Scholarship &. Student Aid
Sondra Williams v. Winston-Salem State L'niversity
Willie Thomas Hope v. Transportation
David Scales v. Correction

Suzanne Ransley Hill v, Envircmment, Health, &. Nat. Res.
Herman James Goldstein v. UNC-Chapel Hill et al.
Charles M. Blackwelder v. Correction

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ.
John B. Sauls v. Wake County Health Department
ftitti G. Newsome v. Transportation

Nancy McAllister v. Camden County Department of Social Services
Gilbert Jaeger v. Wake County Alcoholism Treatment Center
Joseph Henry Bishop v. Environment, Health, &. Natural Res.
Glenn D. Fuqua v. Rockingham County Board of Social Services
Dorothy D. Johnson v. Correction
Willie L. Hudson v. Correction

Brenda K. Campbell v. Employment Security Commission
Christie L. Guthrie v. Environment, Health, &. Natural Resources
Sharon Reavis v. Crime Control Sc Public Safety-
James B. Price v. Transportation
Jerry L. Jones v. N.C.S.U. Physical Plant

Mattie W. Smith v. State Agricultural and Technical University
Gina Renee Cox v. UNC Chapel Hill

Roland W. Holden v. LIniversity of North Carolina at Chapel Hill
Betty Bradsher v. UNC-CH

Anthony M. Little v. Human Resources, John L'mstead Hospital
Jannie C. Sykes v. Employment Security Commission

Q0OSP1066* 1 Mann 05/04/93

90 OSP 1067* 1 Mann 05/04/93

90 OSP 106S* 1 Mann 05/04/93

91 OSP 0011

Morgan

10/05/93

8:15 NCR 149S

9 1 OSP 0305

Chess

10/19/93

91 OSP 0344

Morrison

05/27/93

91 OSP 0625

West

03/08/93

8:1 NCR 75

9 1 OSP 0805

Morgan

10/06/93

91 OSP 0860

Chess

07/19/93

91 OSP 0941

West

04/02/93

8:3 NCR 306

91 OSP 0951

West

05/07/93

91 OSP 1236

Morgan

04/05/93

91 OSP 1344* 1

Chess

05/20/93

91 OSP 1391

Morgan

04/28/93

92 OSP 0010

Chess

05/03/93

92 OSP 0056

Gray

06/07/93

92 OSP 0090

Gray

08/25/93

92 OSP 0188* 5

Chess

05/20/93

92 OSP 0285

Morrison

03/10/93

92 OSP 0298* 12

Reilly

09/14/93

92 OSP 0313

Bee ton

04/12/93

8:4 NCR 382

92 OSP 0375

Gray

04/13/93

92 OSP 0394

Becton

04/20/93

92 OSP 0396

Chess

03/04/93

92 OSP 043 1* 1

West

03/08/93

92 OSP 0432* 1

West

03/08/93

92 OSP 0455

West

05/26/93

8:6 NCR 484

92 OSP 0553

Morgan

07/21/93

92 OSP 0584

Becton

08/16/93

92 OSP 0634

Morrison

05/04/93

92 OSP 0644

Mann

10/11/93

92 OSP 0653

Morrison

03/12/93

92 OSP 0671

Morgan

06/08/93

92 OSP 0684

Becton

05/10/93

92 OSP 0732

Mann

04/23/93

92 OSP 0744 *"

Morgan

07/16/93

92 OSP 0815

Morgan

09/16/93

92 OSP 0847

Morrison

08/06/93

92 OSP 0947

Morgan

03/23/93

92 OSP 09S9

Chess

06/24/93

92 OSP 0992

Reilly

03/18/93

8:2 NCR 224

92 OSP 1047

Morrison

05/04/93

92 OSP 1082

Morrison

10/15/93

8:15 NCR 1500

92 OSP 1124*" 1

Morgan

07/16/93

92 OSP 1142

Reilly

03/08/93

8:1 NCR 88

92 OSP 1180

Becton

09 ;; 93

8:14 NCR 1346

92 OSP 1185

Chess

09/07/93

92 OSP 1204

Reilly

05/10/93

92 OSP 1243

Reilly

03/05/93

92 OSP 1318

Morrison

08/03/93

92 OSP 1395

Nesnow

10/29/93

92 OSP 1468

Becton

05/26/93

92 OSP 1505

Morrison

03/17/93

92 OSP 1555

Becton

05/31/93

92 OSP 1606

Morrison

08/19/93

8:12 NCR 1163

92 OSP 1657

Mann

03/19/93

92 OSP 1661

Chess

07/06/93

92 OSP 1 69 1 *^-

Reilly

09/14/93

92 OSP 1692

Becton

10 IS 93

92 OSP 1715

Becton

08/30/93

8:13 NCR 1292

92 OSP 1733

Becton

03/30/93

92 OSP 1734

Becton

09/01/93

92 OSP 1738

Grav

10/25/93

1911

8:19

XORTH C1ROLIXA REGISTER

January 3, 1994

CONTESTED CASE DECISIONS

AGENCY

Jamal Al Bakkat-Morris v. Glenn Sexton (DSS)

Rebecca Beauchesne v. University of North Carolina at Chapel Hill

Brenda Kay Barnes v. Human Resources

Larry G. Riddle v. Correction, Division of Prisons

Stevie E. Dunn v. Polk Youth Center

Buford D. Vieregge Jr. v. N.C. State University, University Dining

Dorothy Ann Harris v. Correction

Brenda B. Miles v. University of North Carolina Chapel Hill

Deborah J. Whitfield v. Caswell Center

Karen Canter v. Appalachian State University

Terry Steve Brown v. Iredell County Health Department

Barbara A. Johnson v. Human Resources

Carrie P. Smith v. County of Stanly

George W. Allen v. Human Resources, Correction, Agri &. EHNR

William G. Fisher v. St Bd of Ed, Albermarle City Schools & Bd of Ed

Grace Jean Washington v. Caswell Center

Ralph Snipes v. Transportation and Correction

Clifton E. Simmons v. Correction

Willie L. James v. Caswell Center

Irving S. Rodgers v. C.A. Dillon, Division of Youth Services

Richard E. Howell v. Correction, Wayne Correctional Center

Brian Dale Barnhardt v. State Highway Patrol

FR. "Don" Bowen v. Human Resources

Michael L. Pegram v. Correction

Jerry D. Doss Sr. v. Correction

Odessa Parker v. Durham County Dept. of Social Services

Debbie Renee Robinson v. Correction

Sharon Brandon v. Dorothea Dix Hospital

Shaw Boyd v. Correction

Ida Gaynell Williams v. Wilson County Dept. of Social Services

Linda R. Wharton v. N.C. A & T University

Michael L. Pegram v. Correction

Ralph W Burcham v. Transportation

Claudius S. Wilson v. Human Resources

Edward D. Day Jr., John D. Warlick. Gary W Beecham v. Correction

Edward D. Day Jr., John D. Warlick, Gary W. Beecham v. Correction

Alvin Lamonte Breedon v. OPC Mental Health

Edward D. Day Jr., John D Warlick, Gary W. Beecham v. Correction

Hubert L. Holmes v. Transportation

Vernell Ellis Turner v. NC A &. T Police Dept, NC Agricultural Tech U

Everette E. Newton v. University of NC at Chapel Hill

Timothy E. Blevins v. UNC A/K/A Western Carolina University

Xantippe Blackwell v. Human Resources, Murdoch Center

Wayne Bradley Johnson v. State Computing Center

Harold Kovolenko v. Lynn C. Phillips, Director of Prisons

Daniel Thomas Wheeler, Kye Lee Wheeler v. Caldwell County

Department of Social Services
Terry Johnson v. Correction
David Henry v. Correction
Kathleen E. Conran v. New Bern Police Dept., City of New Bern; and

City of New Bern Police Civil Service Board
Berton Hamm Jr. v. Wake County Child &. Family Services
John R. Woods Sr. v. Wake County Child &. Family Services
Coleman F Tyrance Jr. v. Wake County Child & Family Services
John Augusta Page v. Wake County Child &. Family Services
Thomas James v. Wake County Child &. Family Services
James E. Hargrove v. Wake County Child & Family Services
Ricky Harrcll v. Wake County Child & Family Services
Bruce Creecy v. Wake County Child &. Family Services
Dana Phillips v. Administrative Office of the Courts
Terry P. Chappell v. Correction
Willie David Moore v. Correction (Piedmont Correctional Inst.)

CASE

DATE OF PUBLISHED DECISION

NUMBER

AL.I

DECISION REGISTER CITATION

92 OSP 1741

Becton

03/24/93

92 OSP 1767

Bee ton

10/01/93

92 OSP 1768

Morrison

03/17/93

92 OSP 1774

Gray

04/26/93

92 OSP 1789

Becton

04/19/93

92 OSP 1796

Morrison

05/27/93

93 OSP 0013

Morrison

09/15/93

93 OSP 0033

Morrison

09/10/93

93 OSP 0064

West

09/20/93

93 OSP 0079

Reilly

06/15/93

93 OSP 0101

Morgan

08/06/93

93 OSP 0103

Morrison

03/17/93

93 OSP 0109

Beeton

04/01/93

93 OSP 0111

Reilly

04/16/93

93 OSP 0134

Beeton

04/20/93

93 OSP 0153

Morgan

06/03/93

93 OSP 0157

Mann

12/13/93

93 OSP 0159

Morrison

04/21/93

93 OSP 0171

Morgan

05/27/93

93 OSP 0177

West

04/21/93

93 OSP 0245

Gray

08/25/93

93 OSP 0251

Reilly

07/27/93

93 OSP 0253

Morgan

08/06/93

93 OSP 0275 *

Reilly

06/28/93

93 OSP 0287

Gray

05/17/93

93 OSP 0366

Nesnow

12/15/93

93 OSP 0383

Nesnow

06/07/93

93 OSP 0419

Gray

12/06/93

93 OSP 0438

Morgan

11/12/93 8:18 NCR 1838

93 OSP 0440

Gray

12/01/93

93 OSP 0456

Chess

09/22/93

93 OSP 0472**

Reilly

06/28/93

93 OSP 0493

Chess

10/15/93 8:16 NCR 1558

93 OSP 0498

Gray

12/15/93

93 OSP 0522*"

Morrison

12/14/93 8:19 NCR 1922

93 OSP 0523*"

Morrison

12/14/93 8:19 NCR 1922

93 OSP 0551

Gray

11/23/93

93 OSP 0567* L1

Morrison

12/14/93 8:19 NCR 1922

93 OSP 0572

Reilly

08/17/93

93 OSP 0577

Beeton

11/03/93

93 OSP 0589

Reilly

12/07/93

93 OSP 0604

Morgan

09/29/93

93 OSP 0632

Reilly

09/01/93

93 OSP 0694

Chess

10/11/93

93 OSP 0697

Nesnow

09/08/93

93 OSP 0752

Nesnow

09/16/93

93 OSP 0757

Gray

10/06/93

93 OSP 0789

Gray

11/29/93

93 OSP 0797

Morrison

09/21/93

93 OSP 0809

Beeton

10/27/93

93 OSP 0810

Becton

11/02/93

93 OSP 0811

Beeton

11/02/93

93 OSP 0812

Beeton

11/02/93

93 OSP 0813

Beeton

11/02/93

93 OSP 0814

Beeton

11/02/93

93 OSP 0815

Becton

11/02/93

93 OSP 0816

Becton

11/02/93

93 OSP 0822

West

09/09/93

93 OSP 0834

Nesnow

10/11/93

93 OSP 1043

Nesnow

12/03/93

STATE TREASURER

Juanita M. Braxton v. Bd. of Trustees/Teachers' &. St Emp Ret Sys
Herman D. Brooks v. Bd of Trustees/Teachers" & St Emp Ret Sys
Henrietta Sandlin v. Teachers' &. State Emp Comp Major Medical Plan

91 DST 0017

West

09/07/93

91 DST 0566

Gray

04/13/93

92 DST 0305

Morgan

04/12/93

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1912

CONTESTED CASE DECISIONS

Al.hM Y

Frances Billingsley v. Bd /Trustees/Teachers' &. Si. Emp. Ret. Sys.
Dennis Willoughby v. Bd. /Trustees/Teachers' &. St. Emp. Ret. Sys.
Mary Alyce Carmichael v. Bd/Trusteesneachers' &, St Emp Ret Sys
Shirley M. Smith v. Bd. Trustees Teachers' & St. Emp. Ret. Sys.
W. Rex Perry v. Bd Trustees/Teachers' & St Emp Ret Sys
Rory Dale Swiggett v. Bd. Trustees/N.C. Local Govtl. Emp. Ret. Sys.
Catherine D. Whitley v. Bd.TrusteesTeachers & St. Emp. Ret. Sys.

CASE

DATE OF

NUMBER

ALJ

DECISION

92 DST 0996

West

09/20/93

92 DST 1439

West

09/20/93

92 DST 1506

Chess

04/08/93

92 DST 1776

Reilly

11/18/93

93 DST 0133

West

08/12/93

93 DST 0198

West

09/28/93

93 DST 0727

Reilly

11/18/93

PUBLISHED DECISION
REGISTER CITATION

8:14 NCR 1356

18 NCR 1829
1 1 NCR 992
14 NCR 1360

TRANSPORTATION

^ates Construction Co. , Inc. v. Transportation

American S&P Auto v. Commissioner, Div. of Motor Vehicles

92 DOT 1800

93 DOT 1070

Morgan
Morrison

03/25/93
12/02/93

UNIVERSITY OF NORTH CAROLINA HOSPITALS

Constance V. Graham v. UNC Hospital
Jacqueline Florence v. UNC Hospitals

93 UNC 0269
93 UNC 0355

Morgan
Becton

07/20/93
06/16/93

1913

8:19

NORTH CAROLINA REGISTER

January 3, 1994

CONTESTED CASE DECISIONS

STATE OF NORTH CAROLINA
COUNTY OF WAKE

IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

91 EEO 0536

WILLIAM H. PEACE, m,
Petitioner,

N. C EMPLOYMENT SECURTTY COMMISSION,
Respondent.

FINAL DECISION

THIS MATTER was heard before the Honorable Sammie Chess, Jr., Administrative Law Judge, on
July 12-14, 1993. Petitioner filed a charge of discrimination with the North Carolina Office of Administrative
Hearings and with the Equal Employment Opportunity Commission following his dismissal on June 7, 1993.
Petitioner alleged discrimination based on retaliation under Section 704(a) of the Civil Rights Act of 1964,
as amended.

APPEARANCES

For Petitioner:

Thomas Hilliard, III, Attorney at Law, Post Office Box 97726, Raleigh,
North Carolina 27626

For Respondent :

Fred R. Gamin, Staff Attorney, North Carolina Employment, Security
Commission, Post Office Box 25903, Raleigh, North Carolina 27611

ISSUES

1 . Whether Respondent had just cause to dismiss Petitioner on the basis of personal misconduct?

2. Whether Respondent retaliated against Petitioner for having filed charges of discrimination against
Respondent in violation of Title VII of the Civil Rights Act of 1964?

APPLICABLE STATUTES AND RULES

Title VII of Civil Rights Act of 1964;

42 U. S. C. 2000e-5;

North Carolina General Statute Section 7A-759;

North Carolina General Statute Section 126-4;

North Carolina General Statute Section 126 through

North Carolina General Statute Section 126-41;

North Carolina General Statute Section 150B-22

through North Carolina General Statute 150B-37;

State Personnel Manual, Section 9, Employee

Relations, page 2 et. seg. (March 1990).

STIPULATIONS

A. The Respondent was aware of State criminal charges against its Personnel Office employee, Debra

Watkins Dunston, when on April 3, 1991 she was arrested by a Raleigh Police Officer pursuant to
a warrant for arrest which charged her with felonious embezzlement of $2,500.00 in U. S. currency

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1914

CONTESTED CASE DECISIONS

from Hudson Belk Leggett on or about December 4, 1990 through April 2, 1991; that on April 25.
1991 Debra Dunston entered into a felony diversion agreement and prosecution arrangement, and her
criminal charge was deferred for one year pursuant to the agreement or until April 25, 1992 when
her case was reviewed in Wake County District Court. Notwithstanding the knowledge of criminal
acts committed by Debra Dunston, Respondent took no disciplinary action against her in the form of
dismissal, suspension, reprimand, etc.

B. On January 25, 1989, Herbert W. Lee, Personnel Director of the North Carolina Employment

Security Commission, deflated the rear tires of a car belonging to a Merri Hoffmeyer, a local employ-
er. The car was parked at the Employment Security Commission in a parking space assigned to Mr.
Lee, while Ms. Hoffmeyer attended to business related to her company. Following the incident, Mr.
Lee wrote a letter of apology to Ms. Hoffmeyer on orders from then-Commission Chairman, Betsy
Y. Justus. No disciplinary action was taken against Mr. Lee in the form of a suspension or dismissal
by the Commission Chairman. Prior to January 25th, Mr. Lee had not filed a charge of
discrimination against the Commission with the North Carolina Office of Administrative Hearings or
the EEOC.

C.l. Petitioner, William H. Peace, III, a resident of Raleigh and Wake County, North Carolina, began his
employment with Respondent on October 15, 1985 as its Equal Opportunity ("EEO") Officer. He
directed the Employee Relations Section which was a subset of the Personnel Office.

2. As EEO Officer, Petitioner was responsible for administering an internal and external EEO program
for Respondent including developing and implementing systems to ensure equal employment
opportunity throughout the agency. In addition, Petitioner interpreted EEO guidelines, directed
development of the Affirmative Action Plan and investigated complaints against the agency filed by
employees and applicants and wrote various reports required by federal and state laws.

3. In 1989, Petitioner filed a charge of discrimination with the North Carolina Office of Administrative
Hearings and with EEOC against Respondent's Betty Y. Justus, prior chairman of the Employment
Security Commission.

4. In March 1990, Petitioner filed a charge of discrimination against Respondent citing therein, inter
alia, the unlawful employment practices of his then-supervisor, Graham Cooke.

5. On August 9, 1991, the Civil Rights Division of the Office of Administrative Hearings issued a
Notice of Determination finding ..." reasonable cause to believe that charging Party was denied
interim job performance reviews and merit increases in violation of the Civil Rights Act of 1964, as
amended.

6. Petitioner filed a charge of discrimination against Respondent with the North Carolina Office of
Administrative Hearings, and the Equal Employment Opportunity Commission on June 11, 1991.
Petitioner alleged discrimination based on retaliation under Section 704(a) of the 1964 Civil Rights
Act, as amended. This charge was the basis for the EEO current case, 91 EEO 0536.

7. On August 14, 1992, the Civil Rights Division of the Office of Administrative Hearings issued a
Notice of Determination finding ... "evidence of retaliation" and "reasonable cause to believe that
Charging Party was discharged in violation of Title VII." Upon the failure of conciliation. Petitioner
received and complied with OAH's February 8, 1993 Notice of Conciliation by electing and
petitioning to have OAH charge #91 EEO 0536 heard as a contested case as provided in Article 3 of
Chapter 150B of North Carolina General Statute Section 7A-759(d).

8. None of Petitioner's supervisors discussed with him the coffee incident from April 10, 1991 until June
5, 1991, including supervisors Clarence Jones. Gene Baker, Chief Deputy Joseph G. Elliot or
chairperson Ann Q. Duncan.

1915 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

Based upon the above stipulation, sworn testimony of witnesses and documents admitted into evidence,
the Administrative Law Judge makes the following:

FINDINGS OF FACT

1. By letter dated June 7, 1991 Respondent terminated the employment of Petitioner as its Equal
Employment Opportunity Director. On June 11, 1991 , Petitioner filed a charge of discrimination with
the North Carolina Office of Administrative Hearings ("OAH") and the United States Employment
Security Commission (OAH Charge #91 EEO 536 and EEOC Charge #143910035) alleging
retaliatory dismissal by Respondent in violation of Title VII of the Civil Rights Act of 1964, 42
U.S.C.2000e-5.

2. Previous charges of discrimination filed by Petitioner against Respondent included OAH #89 EEO
0946/EEOC #14390966 in 1989 and OAH#90 EEO 03311/EEOC #14B900038 in March, 1990.

3. Following investigation of the charges, the Civil Rights Division of the Office of Administrative
Hearings found reasonable cause to conclude that Respondent unlawfully denied Petitioner
performance reviews and merit increases(OAH #90 EEO 0031) and that Respondent engaged in
retaliatory dismissal of Petitioner (OAH-7-#91 EEO 0536) in violation of Title VII.

4. Petitioner received and complied with the Office of Administrative Hearing's February 8, 1993 Notice
of Termination of Conciliation by electing to file a petition for a contested case hearing with the
Office of Administrative Hearings, charge #91 EEO 0536 heard as a contested case as provided n
Article 3 of Chapter 150B of the North Carolina General Statutes. North Carolina General Statute
Section 7A-759(d).

5. Petitioner William H. Peace, III, a resident of Raleigh and Wake County, North Carolina began his
employment with Respondent on October 15, 1985 as its Equal Employment Opportunity ("EEO")
Officer. He directed the Employee Relations Section which was a subset of the Personnel Office.

6. Respondent, Employment Security Commission, is an agency of State government created by the
General Assembly to administer unemployment insurance laws. In August, 1990, Ann Q. Duncan
became Respondent's chairperson succeeding Betsy Y. Justus. Respondent's headquarters were
located at 700 Wade Avenue in Raleigh, North Carolina and it maintained 78 local offices throughout
the State. Its staff complement was around 1700 employees.

7. As EEO Officer, Petitioner was responsible for administering an internal and external EEO program
for Respondent including developing and implementing systems to ensure equal employment
opportunity throughout the agency. In addition, he interpreted EEO guidelines, directed development
of the Affirmative Action Plan and investigated complaints against the agency filed by employees and
applicants and wrote various reports required by federal and state laws.

8. During his agency orientation in 1985, Petitioner was informed that his membership in the Personnel
Office's petty fund would entitle him to obtain coffee occasionally from the coffee pot situated in the
personnel file room. He subsequently paid his dues ($2.00/month) for the petty fund and obtained
coffee from the file room pot; however,his usual practice was to visit the agency's cafeteria in the
mornings to get coffee and talk with other employees over breakfast about any problems they may
present.

9. Not at any time prior to April 10, 1991 was Petitioner informed by any employee of Respondent that
his petty fund membership did not entitle him to obtain a cup of coffee from the file room pot.

10. Over the years, on an irregular basis. Petitioner obtained coffee from the file room coffee pot. There
was never any sign or notice posted at or near the pot indicating a price per cup charge. The
discussion and establishment of any rules or policies regarding the petty fund occurred during staff

8:19 NORTH CAROLINA REGISTER January 3, 1994 1916

CONTESTED CASE DECISIONS

meetings; Petitioner routinely did not attend staff meetings. A coffee fund was established at a staff
meeting sometime after Petitioner was hired; fund membership was $3.40 per month. Petitioner was
never made aware of the coffee fund nor was he asked to join.

11. On April 10, 1991, Petitioner went to the cafeteria around 9:00 A.M. to obtain a cup of coffee.
Upon learning that coffee was not available at that time, he returned to his office. Shortly thereafter
he went to the Personnel Office with his coffee cup.

12. As the Petitioner entered the Personnel Office the following exchange occurred between the Petitioner
and an angry Catherine High, a supervisor with the Personnel Office: Ms. High: "I hope you're not
planning to get any of our coffee. "Petitioner made no reply but went to the coffeepot. Ms. High:
"You are going to have to pay me for that coffee. "Petitioner: "I'm not going to pay you. "Ms.
High: "That's not fair, you know you ought to pay me. "Petitioner: "If I'm wrong, write me up.
Be sure to spell my name right. "Ms. High: "I know how to spell idiot. "Petitioner left the room
and returned without the coffee cup to make copies. Ms. High in a loud angry tone: "Bill Peace you
are despicable. I hope they fire you. "Petitioner: "Sticks and stones may break my bones but your
words will never hurt me. "Ms. High: "If you get another cup of coffee and do not pay me. I'm
going to get a cup of coffee and scald you with it."

13. This exchange took place in the presence of several employees who were supervised by Ms. High in
the Personnel Office. Ms. High reported the incident to her supervisor, Graham Cooke, shortly after
it occurred on the morning of April 10th. Several days later she also informed Gene Baker who was
made Petitioner's immediate supervisor effective April 22. 1991 by memorandum from Ann Q.
Duncan dated April 19th.

14. After returning from lunch on April 10th. Petitioner telephoned the Magistrate's Office and was
advised that if he believed the person capable of carrying out her threat to scald him that he should
take out a warrant against the person.

15. Petitioner went to the Personnel Office to talk with Ms. High and told her that he was giving her an
opportunity to apologize.

16. Ms. High did not apologize.

17. In Ms. High's opinion, at no time did Petitioner harass, intimidate or threaten her in any manner.

18. Petitioner believed that considering Ms. High's resentment and anger towards him. she was capable
of scalding him with coffee. This was the reason he went to her to seek an apology and put the
matter behind them.

19. Ms. High's resentment stemmed, in part, from Petitioner having filed a discrimination charge against
her supervisor, Graham Cooke, in 1990.

20. Petitioner left Ms. High's office, took leave and visited the Wake County Magistrate's Office where
he furnished facts under oath about the coffee incident. The magistrate issued a criminal summons
charging Ms. High with communicating a threat to Petitioner.

21. The summons was served on Ms. High at work on April 23. 1991, with a trial date set for May 21,
1991 in Wake County District Court.

22. The Respondent hired a private attorney to defend Ms. High and paid her legal fees of $516.00. No
such effort was advanced on Petitioner's behalf.

23. The charge was dismissed as frivolous and Petitioner was ordered to pay court costs.

1917 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

24. The warrant issuing judicial officer found the facts sufficient to issue a warrant for communicating
a threat.

25. From April 10, 1991 through June 5, 1991, neither Clarence Jones, Petitioner's former supervisor
until April 19, 1991, nor Gene Baker, his supervisor from April 22 through June 5, 1991, discussed
with him either the coffee incident or the May 21st court judgment. Both subjects were first
mentioned in the notice of predismissal conference memorandum of June 5th from Gene Baker.
During the eight week period mentioned above, neither chairperson Ann Q. Duncan nor Chief Deputy
Joseph Elliot discussed the coffee/trial issue with Petitioner.

26. Prior to the June 6th predismissal conference, Graham Cooke, Personnel Officer, advised Mr.Baker
and Mr. Jones to follow a predismissal procedure that had not been adopted by the State Personnel
Commission.

27. The procedure used at Petitioner's predismissal conference differed from the adopted policy which -
13-was applicable at that time.

28. Graham Cooke was not unhappy to see Petitioner's employment terminated by Respondent.

29. Mr. Cooke was the focus of a discrimination charge filed by Petitioner in March 1990
(EEO#14B900038).

30. A Cause finding was issued by the Civil Rights Division of the Office of Administrative Hearings in
August 1991. An earlier charge was filed by Petitioner against Respondent in 1989
(EEO#l 4 189990966).

31. Petitioner provided Respondent a written response to the notice of predismissal conference when he
met with Messrs. Baker and Jones on June 6th.

32. Petitioner considered the conference to be illegally constituted because it differed from the adopted
policy /practice mandated by the State Personnel Commission. The policy called for the conference
to take place between the supervisor and the employee.

33. On June 7, 1991, Petitioner was dismissed for unacceptable personal conduct by Respondent's
memorandum from Ann Q. Duncan. Not one of the three reasons given for dismissal in that
memorandum was ever discussed with Petitioner prior to June 6, 1991.

34. Petitioner did not receive a work performance appraisal review between April 10 and June 7,1991.

35. After the April 10th coffee incident, neither Petitioner nor Ms. High was warned, suspended or
reprimanded.

36. Neither Petitioner nor Ms. High was disciplined in any manner following the May 21 , 1991 court trial
and Petitioner and Ms. High continued their usual job duties uninterrupted by Respondent.

37. Petitioner received no complaints about his work performance until June 5, 1991.

38. The remarks made by Ms. High to Petitioner in the presence of other workers was highly inflammato-
ry, derogatory, and unprofessional. They could have provoked an ugly incident, harmful to herself
and other employees. Her approach was not acceptable conduct.

39. Petitioner in effect told Ms. High to write him up and let the matter be heard through proper
channels. Although Ms. High's approach was highly unprofessional. Petitioner remained calm.
Petitioner's suggestion was proper and done in a professional manner.

8:19 NORTH CAROLINA REGISTER January 3, 1994 1918

CONTESTED CASE DECISIONS

40. According to Ms. High, Petitioner did not harass, intimidate, or threaten in any manner.

41. Ms. High went forthwith to her supervisors after instigating what could have been an ugly situation.
However, she failed to go at the right time, before creating an incident.

42. If Ms. High felt Petitioner was breaking a rule, she should have followed an acceptable procedure
to resolve the matter.

43. Respondent's supervisors did not reprimand Ms. High or take any kind of action against her for
unacceptable behavior. To the contrary,Respondent rewarded Ms. High by obtaining an attorney for
her and paying her $516.00 attorney fee out of tax payers money.

44. I find no legal reason in the record why the tax payers of North Carolina should pay Ms. High's
attorney fee.

45. The level of involvement of high level Employment Security Commission personnel in the minor
coffee incident is evidence to be considered in determining whether there was retaliation against
Petitioner, especially, since not even the slightest form of reprimand was issued against Ms. High.

46. Ms. High's conduct was unbecoming a supervisor.and even more so, when done in the presence of
subordinate employees.

47. On January 25, 1989, Herbert Lee, Respondent's Personnel Director, let the air out of a car driven
by Merri Hoffmeyer, an employer, who was interviewing potential employees at Respondent's Wade
Avenue Offices. Mr. Lee became angry because the woman had parked her car in a space reserved
for him. Respondent did not suspend or dismiss Mr. Lee as a result of his conduct. At the time of
the incident Mr. Lee had not filed any charges of discrimination against Respondent.

48. In April 1991, Ms. Debra Dunston, an employee of Respondent's Personnel Office, was arrested and
charged with felonious embezzlement of $2,500.00 from Hudson's Belk's department store in
Raleigh, North Carolina. She admitted guilt and entered the Felony Diversion Program in Wake
County. She was not reprimanded, suspended or dismissed by Respondent as a result of her criminal
activity.

49. In August 1992, Charlotte Ranz, Respondent's Director of Public Information, was found to have
taken a State-owned personal computer home and put it to her own use. Ms. Ranz was not dismissed
from her position by Ann Q. Duncan.

Based upon the foregoing stipulations and findings of fact, the undersigned makes the following:

CONCLUSIONS OF LAW

1. Petitioner was a permanent state employee at the time of his dismissal.

2. North Carolina General Statutes section 126-35 provides in pertinent part, that no permanent
employee subject to the State Personnel Act shall be discharged, suspended or reduced in pay or
position, except for just cause. In cases of such disciplinary action, the employee shall, before the
action is taken, be furnished with a statement in writing setting forth in numerical order the specific
acts or omissions that are the reasons for the disciplinary action and the employee's appeal rights.

3. Where just cause is an issue, the Respondent bears the ultimate burden of persuasion.

4. A permanent state employee may be dismissed for inadequate performance of duties or for personal
conduct that is detrimental to State service. Leiphartv. N. C. School of Arts , 80 N.C. App. 339, 342
S.E. 2d 914 (1986). Prior to dismissal for cause related to job performance, a permanent state

1919 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

employee is entitled to three (3) separate warnings that his/her performance is unsatisfactory. Jones
V. Department of Human Resources , 300 N.C. 687, 268 S.E. 2d 500 (1980). However, an employee
discharged for personal misconduct is not entitled to prior progressive warnings because personal
misconduct discipline is imposed for actions for which no reasonable person should expect to receive
prior warning. Office of State Personnel, Personnel Manual , pp. 9-3, 9-8.3.

5. As a permanent state employee of several years Petitioner has a substantial property right in his
employment and this right is protected by the Fourteenth Amendment of the United States Constitution
and the North Carolina Constitution.

6. The alleged unauthorized taking of a cup of coffee by Petitioner does not rise to the level of "personal
conduct" that is detrimental to State service, as to warrant summary dismissal. The alleged
misconduct was not such for which no reasonable person should expect to receive a prior warning.
Office of State Personnel Manual, Personnel Manual, pp. 9-3, 9-8.3

7. Section 704(a) of Title VII of the Civil Rights Act of 1964, as amended, makes it unlawful for an
employer to take retaliatory action against any individual who opposes employment practices pro-
hibited by Title VII, i.e., discriminatory treatment. Petitioner alleged that he was discharged on June
7, 1991 because he had filed a charge of discrimination against Respondent in March, 1990 prior to
the one he filed concerning his discharge for alleged unacceptable personal conduct(91 EEO 0536).

8. There are four essential elements of a Section 704(a) violation:

a) that the Petitioner engaged in opposition to practices made unlawful by Title VII;

b) that the form of Petitioner's opposition was protected;

c) that the Petitioner was subjected to adverse treatment by Respondent; and

d) that the adverse treatment occurred because of Petitioner's opposition.

9. On March 21, 1990 Petitioner opposed practices he believed to be unlawful practices under Title VII
by filing a charge against Respondent with the North Carolina Office of Administrative Hearings and
EEOC. The complaint against Graham Cooke, Respondent's personnel officer and Petitioner's
immediate supervisor, charged that Mr. Cooke provided Petitioner with a false work performance
evaluation, there by denying him a merit pay increase in January, 1990. It was apparent that the form
of Petitioner's opposition, filing a charge, was protected under Title VII.

10. Petitioner was subjected to adverse treatment by Respondent in that he was dismissed from
employment without warning for alleged unacceptable conduct, (i.e., helping himself to a cup of
coffee that he believed himself to be entitled to have, and filing a criminal summons against a co-
worker who threatened to scald him with hot coffee) while more serious criminal acts (i.e. embez-
zlement, larceny of State computer equipment and damage to property) committed by other employees
resulted in no disciplinary measures by Respondent.

11. The adverse treatment occurred because of Petitioner's opposition. Graham Cooke, Petitioner's
former supervisor, counseled Respondent's management personnel regarding the dismissal procedure
to be employed against Petitioner although his earlier actions toward Petitioner had been the subject
of a discrimination charge.

12. Mr. Cooke was pleased to see Petitioner's employment terminated and he expressed those sentiments.

13. Respondent's actions against Petitioner were in violation of Section 704(a) of Title VII of the Civil
Rights Act of 1964, as amended, in that the decision to terminate his employment on June 1991 was
retaliatory.

8:19 NORTH CAROLINA REGISTER January 3, 1994 1920

CONTESTED CASE DECISIONS

14. Respondent's proffered reasons for its employment decision were pretextual and contrived to mask

its intent to retaliate against Petitioner. Respondent offered no reasonable explanation for its failure
to take any action against Petitioner on April 10, 1991, upon first learning of the alleged unacceptable
personal conduct.

Based upon the foregoing Stipulations. Findings of Fact and Conclusions of Law, the Administrative
Law Judge makes the following:

FINAL DECISION

Having concluded that Respondent violated Section 704(a) of Title VII of the 1964 Civil Rights Act,
as amended, IT IS THE DECISION of this Office, pursuant to 42 U.S.C. Section 2000e-5(g) and (k), that
Petitioner shall be reinstated to his former position of EEO Officer (ESC) effective June 7, 1991, with back
pay, attorney fees and all the benefits of continued permanent employment with the State as of that date.

ORDER

IT IS HEREBY DECREED AND ORDERED pursuant to 42 U.S.C. Section 2000e-5(g) and (k) that the
Petitioner be reinstated to his former position of EEO Officer (ESC)effective June 7, 1991, with back pay,
front pay, where applicable, attorney's fees and all the benefits of continued permanent employment with the
State as of that date. Respondent is hereby enjoined from engaging in further acts of retaliation against Peti-
tioner. This is a final decision.

NOTICE

In order to appeal a Final Decision, the person seeking review must file a Petition in the Superior
Court of Wake County or in the superior court of the county where the-22-person resides. The Petition for
Judicial Review must be filed within thirty (30) days after the person is served with a copy of the Final Deci-
sion. G.S. 150B-46 describes the contents of the Petition and requires service of the Petition on all parties.

This the 7th day of October, 1993

Sammie Chess, Jr.
Administrative Law Judge

1921 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

STATE OF NORTH CAROLINA
COUNTY OF ONSLOW

IN THE OFFICE OF
ADMINISTRATIVE HEARINGS

93 OSP 0522
93 OSP 0523
93 OSP 0567

EDWARD D. DAY, JR., JOHN D. WARLICK,
GARY W. BEECHAM,
Petitioner,

N. C. DEPARTMENT OF CORRECTION,
Respondent.

RECOMMENDED DECISION

BACKGROUND

This matter was heard in Burgaw, North Carolina, on October 14, 1993, by Senior Administrative
Law Judge Fred G. Morrison Jr. The Petitioners initiated their contested cases in May of 1993 in order to
appeal the April 26, 1993, decision of the Respondent Department of Correction denying the Petitioners any
relief with regard to their administrative grievances which had complained about the agency's failure to post
a particular position prior to filling it.

Upon Respondent's Motion to Consolidate the cases, on June 9,
by Order of the Chief Administrative Law Judge. On September 21,
withdrew his Petition.

1993, the cases were consolidated
1993, Petitioner John D. Warlick

ISSUE

Is a State agency required to post a position which is filled by placing a person with an administrative
agency grievance into that position when agency management has exercised its discretion and determined that
such a placement is an appropriate resolution of the grievance?

STATUTES AND RULES INVOLVED

N.C. Gen. Stat. §126-7.1
25 NCAC 1H .0602(c)

SUMMARY OF THE DECISION

The agency decision to place Mark Floyd in the position of Intensive Case Officer without posting
that position should be upheld as not in violation of N.C. Gen. Stat. §126-7.1 or 25 NCAC 1H .0602.

APPEARANCES

Petitioner:

Edward D. Day, Jr.
106 Marine Blvd, Suite F
River Court Plaza
Jacksonville, NC 28541
Pro Se

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1922

CONTESTED CASE DECISIONS

Gary Wayne Beecham
P.O. Box 447
Hubert, NC 28539
Pro Se

Respondent: N.C. Department of Correction by

Valerie L. Bateman
Assistant Attorney General
N.C. Dept. of Justice
P.O. Box 629
Raleigh. NC 27602

WITNESSES

Petitioner Day presented the following witnesses:

1 . Edward D. Day, Jr.

Petitioner Beecham presented the following witnesses:
1 . Gary Wayne Beecham

The Respondent presented the following witnesses:
1 . Jeffrey R. Becker

EXHIBITS

The following exhibits were admitted into evidence by the Respondent:

Rl . Grievance of Mark Floyd and related documents

R2. Grievance of Edward Day and related documents

R3. Grievance of Gary Beecham and related documents

R4. Office of State Personnel Recruitment policy

R5. Department of Correction Posting and Listing Vacancies
policy

Based on a preponderance of the substantial evidence admitted into the record of this case, the
Administrative Law Judge makes the following:

FINDINGS OF FACT

1 . On July 28, 1992, Mark Floyd, an employee of the Department of Correction, filed an administrative
grievance claiming that he had inappropriately been passed over for promotions and/or transfers due
to retaliation against him for being arrested but not convicted of Possession of Cocaine.

2. By letter dated November 13, 1992, the EEO Officer, Alfonza Fullwood, wrote to Mr. Floyd and
advised him that as a result of the agency's preliminary investigation into Mr. Floyd's grievance, the
Department of Correction had decided to offer him an Intensive Officer position located in Charlotte,
North Carolina, with a five percent increase in his salary.

1923 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

3. After further negotiations between Mr. Floyd and Mr. Fullwood, the parties came to an agreement
that Mr. Floyd receive an Intensive Case Officer position in Jacksonville with a five percent pay
increase.

4. Subsequently, Petitioners Day and Beecham initiated grievances concerning, in part, the placement
of Mr. Floyd in the Intensive Case Officer position.

5. Both Petitioners received responses to their posting grievances from Jimmy W. Harris, Eastern Chief
of Field Services, which explained that the decision to place Mr. Floyd in the position not posted was
necessary to bring closure to his administrative grievance.

6. Petitioners continued their appeal to the Personnel Office of the Department of Correction. By letter
dated April 26, 1993, they were informed of the conclusion of the investigation of the Personnel
Office into their grievance. Specifically, the Petitioners were informed again that the placement of
Mark Floyd occurred in settlement of his administrative grievance and that this decision was based
on management necessity and consistent with the rules and regulations of the State Personnel
Commission which provided that posting was not required for "vacancies which must be used to meet
management necessity, for which an agency will not openly recruit."

7. The State Personnel Manual provides that posting requirements shall not apply to "- 1 v-| acancies
which must be used to meet management necessity, for which an agency will not openly recruit."

8. Mike Gaddis, the Director of the Employment Practices Division of the Office of State Personnel,
averred that the Department's decision not to post the position awarded to Mark Floyd was consistent
with the spirit and intent of the posting statute and with the exceptions to the posting requirement
contained in the posting policy.

CONCLUSIONS OF LAW

1. G.S. §126-7. 1(a) provides that "all vacancies for which any State agency, department or institution
openly recruit shall be posted..." Respondent did not violate this statute as it did not openly recruit
for the position filled by Mark Floyd.

2. N.C. Gen. Stat. §126-4 provides that "the State Personnel Commission shall establish policies and
rules governing . . . [Recruitment programs designed to promote public employment, communicate
current hiring activities within State Government, and attract a sufficient flow of internal and external
applicants. . ."

3. Pursuant to this authority, the State Personnel Commission has adopted rules implementing the posting
policy contained in N.C. Gen. Stat. §126-7.1. This rule provides in pertinent part as follows:

Posting requirements shall not apply to:

(1) Vacancies which must be used to meet management necessity, for which an agency will not

openly recruit. Examples include vacancies committed to a budget reduction, vacancies used
for disciplinary transfers or demotions, use of an existing vacancy to avoid reduction in
force, transfer of an employee to an existing opening to avoid the threat of bodily harm, and
the promotion of an employee into an existing opening to avoid the threat of bodily harm,
and the promotion of an employee into an opening under a formal, pre-existing "understudy
arrangement".

25 N.C. A. C. 1H .0602(c).

4. The Department's decision not to post the position it filled with Mark Floyd, who had filed an

8:19 NORTH CAROLINA REGISTER January 3, 1994 1924

CONTESTED CASE DECISIONS

internal agency grievance, was not an abuse of management discretion nor a violation of 25 N.C.A.C.
1H .0602(c).

Based on the foregoing Findings of Fact and Conclusions of Law, the Administrative Law Judge
makes the following:

RECOMMENDED DECISION

The State Personnel Commission should not disturb the agency's decision not to post the position of
Intensive Case Officer which was filled by Mark Floyd.

ORDER

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute
150B-36(b).

NOTICE

The agency making the final decision in this contested case is required to give each party an
opportunity to file exceptions to this recommended decision and to present written arguments to those in the
agency who will make the final decision. G.S. 150B-36(a).

The agency is required by G.S. 150B-36fb) to serve a copy of the final decision on all parties and to
furnish a copy to the parties' attorney of record and to .the Office of Administrative Hearings.

The agency that will make the final decision in this contested case is the State Personnel Commission.

This the 14th day of December, 1993.

Fred G. Morrison Jr.

Senior Administrative Law Judge

1925 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG

IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

93 DHR 0529

A. C, BY AND THROUGH HER AGENT AND
PERSONAL REPRESENTATIVE, HANK NEAL

Petitioner,

NORTH CAROLINA DEPARTMENT OF
HUMAN RESOURCES, DIVISION OF
MEDICAL ASSISTANCE
Respondent.

RECOMMENDED DECISION

The above-captioned hearing was heard before Administrative Law Judge Dolores O. Nesnow, on
October 27, 1993, in Charlotte, North Carolina.

APPEARANCES

For Petitioner:

For Respondent:

Thomas E. Cone

Turner Enochs & Lloyd, P.A.

P. O. Box 160

Greensboro, North Carolina 27402-0160

Attorney for Petitioner

Claud R. Whitener, III

Assistant Attorney General

N. C. Department of Justice

P. O. Box 629

Raleigh, North Carolina 27602-0629

Attorney for Respondent

ISSUE

Did the Respondent err in denying certification for admission of patient "AC" (MID: 239-23-6669L)
to Carolinas Medical Center for Mental Health on or about December 30, 1992, for acute psychiatric care?

STATUTES AND RULES IN ISSUE

42 U.S.C. 1396 et seq.

42 C.F.R. parts 430 et seg.

N.C. Gen. Stat. 108A-24 to 26

N.C. Gen. Stat. 108A-54 to 66

10 N.C.A.C. 26 and 50

BURDEN OF PROOF

Petitioner has the burden of showing by the greater weight of the substantial evidence admitted that
the Respondent erred as stated in the issue.

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1926

CONTESTED CASE DECISIONS

EXHIBITS

The exhibits listing was omitted from this publication. If you would like a copy, please contact the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447.

WITNESSES

For Petitioner:

Lester Bradshaw - Social Worker, Mecklenburg County

Patricia O'Connor - Carolina Medical Center, Quality Assessment Coordinator, Nurse

Dr. Pleas Geyer - Charlotte Psychiatrist

For Respondent:

James Robison - Massachusetts Psychiatrist

Teru Morton - Clinical Psychologist, University of Missouri

STIPULATION AGREEMENT

The parties agree and stipulate that the criteria as represented in Plaintiffs Exhibit #C are the criteria
which were applicable to the admission of this patient.

Based upon careful consideration of the testimony and evidence presented at the hearing, and the
documents and exhibits received into evidence, the undersigned makes the following:

FINDINGS OF FACT

1. Patient "AC" was born in June of 1976. She is a female and, at the date of her admission
to the Carolinas Medical Center for Mental Health, she was 16 years of age.

2. "AC" had previously been placed in the custody of Mecklenburg County Youth and Family
Services (YFS) on August 5, 1990, after she had been adjudicated "Dependent" on September 9, 1990.

3. "AC" has also been adjudicated on numerous occasions as an "Undisciplined Child" for her
numerous elopements or "AWOLS" (runaways) from various placements.

4. "AC" has had numerous placements since being placed in the custody of YFS. Those

placements, starting in August of 1990, are as follows:

Gatling Detention Center

Glenn Laurel Group Home

Ten Broeck Hospital

Continuation Place for Further Substance Abuse Treatment.

Client went AWOL from placement

The "Relatives"

Glenn Laurel Group Home, client went AWOL

Emergency Foster Home. Ms. Young

Glenn Laurel Group Home, client went AWOL

Gatling Detention Center

Glenn Laurel Group Home. Client went AWOL

Gatling Detention Center

Charter Northridge Hospital, client went AWOL during

admission

Gatling Detention Center

Mr. Duckett. Client went AWOL

Committed to Broughton Hospital - drug overdose

8/6/90

8/7/90

8/9/90

9/12/90

10/7/90

10/8/90

10/9/90

10/10/90

10/11/90

10/12/90

■ 10/15/90

10/19/90

10/22/90

10/31/90

11/2/90

11/8/90

11/9/90

11/12/90

11/16/90

1 1 ,'26/90

7927

8:19

NORTH CAROLINA REGISTER

January 3, 1994

CONTESTED CASE DECISIONS

11/26/90

■ 12/19/90

12/19/90

12/23/90

12/30/90

• 12/31/90

12/31/90

1/18/91

1/20/91

1/23/91

1/24/91

1/25/91

1/28/91

2/12/91

2/13/91

2/14/91

3/9/91

3/12/91

4/9/91

4/15/91

5/15/91

9/24/91

12/30/92

6/7/93
6/24/93

7/1/93
7/8/93

10/18/93

12/14/91

6/7/93

6/24/93
7/1/93

7/8/93
10/18/93

Present

Charter Northridge Hospital

Continuation Place for additional substance abuse treat-
ment. Client went AWOL from treatment.
Gatling Detention Center
Cedar Springs Hospital

The "Relatives". Client went AWOL from placement.
Gatling Detention Center.

Ms. Young's foster home. Client went AWOL after a
couple of hours.
Gatling Detention Center.

Ms. Young's foster home. Client went AWOL that day.
Gatling Detention Center.
Renaissance group home. Client went AWOL.
Gatling Detention Center.
Gatling Detention Center.
Catawba Memorial Hospital.

"Three Springs Wilderness Camp" in Trenton, Alabama.
Client successfully completed this program and was
transitioned to Continuation Place in Charlotte, North
Carolina.

Client was placed at Continuation Place for further Sub-
stance Abuse Treatment. Client went AWOL from this
program on numerous occasions. During client's last
AWOL, YFS learned that client had been sexually inappro-
priate with her male therapist at CP

Client was admitted to the Mental Health Center for
treatment. Client worked on numerous issues and made
much progress. Client was transitioned to a Mecklenburg
County Foster Home (R. Ralley).

Client placed in YFS Foster Home (M. Ralley). Client
went AWOL from this placement.

Client placed herself with Vicky Jones. Vicky and Jessie
Crawford (client's brother) have a child who lives with
Vicky. Client is very attached to this child; this is the
connection between Vicky and client. Vicky resides at
1300 Jenkins Avenue, Apartment 5.
Client moved in with her brother (Jessie Crawford).
Client returned to live with Vicky Jones. On 10/18/93
YFS was informed by Vicky Jones that she has moved and
has not given her location to anyone.
Client's whereabouts unknown.

5. In October of 1991.

Worker Lester Bradshaw.

"AC" was placed in the care of Mecklenburg County YFS with the Social

6. Prior to that time, "AC" had been assigned to Social Workers John Jones and Lanette Mack
with Mecklenburg YFS.

7. In August of 1990, "AC" was given a psychological assessment by David Branyon, M.D.
at Ten Broeck Hospital and was diagnosed as having an adjustment disorder with depressed mood, cocaine
dependence and abuse.

8. "AC" remained at Ten Broeck Hospital for approximately one month.

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NORTH CAROLINA REGISTER

January 3, 1994

1928

CONTESTED CASE DECISIONS

9. On October 10, 1990, "AC" was assessed by the STARR team and was recommended for
further intensive treatment for long term cocaine dependence.

10. "AC" was examined by psychiatrist Phillip Schmitt, M.D. in April of 1991, and was
identified as a polysubstance abuser in need of substance abuse treatment.

1 1 . Social Worker Lester Bradshaw is a specialist in substance abuse and drug problems in the
adolescent population.

12. Mr. Bradshaw testified, and it is found as fact, that "AC", like many adolescent substance
abusers, was not addicted to any particular drug but would use whatever was available.

13. "AC" has a past history which includes prostitution and IV drug use documented as early as
age 13.

14. "AC" has had Hepatitis B and Hepatitis C which, it is believed, she contracted through either
IV drug use or unprotected sex.

15. "AC's" mother has remained missing for a number of years because it is believed there are
federal and State warrants for drug trafficking outstanding on "AC's" mother. There is no stepfather of record
although there are two other siblings.

16. "AC" has never been successfully placed in foster homes because of her chronic elopement
behavior.

17. As noted above, "AC" was sent to the Three Springs Wilderness Camp in Trenton, Alabama
from May of 1991 through September of 1992 (16 months), which was her most successful attempt at
recovery and treatment.

18. After "AC" returned from her stay at Three Springs Wilderness Camp she was placed in a
local center called The Continuation Place from which she ran away.

19. At approximately that time, "AC's" social workers learned that she had engaged in sex with
a mental health therapist at The Continuation Place. (The mental health therapist was subsequently prosecuted
and convicted for this action)

20. When she ran away from The Continuation Place, social worker Bradshaw and several other
workers from Mecklenburg YFS searched the community for her.

21. The social workers went out into the community and searched various hangouts including
crack houses. "AC" was found by Mr. Bradshaw and, although she did not want to come back, she agreed
to return.

22. At that time, they learned that she had started using IV drugs again and was having
unprotected sex.

23. The social workers, including Mr. Bradshaw, two male staff members and one female staff
member, brought "AC" to the Carolinas Medical Center for evaluation.

24. The social workers were concerned that because of the drug use, prostitution and unprotected
sex, "AC" was in danger of contracting Aids or otherwise endangering her life.

25. Mr. Bradshaw testified that although "AC" may have had mental and emotional disturbances,
in his experience the focus on "AC" in the past had always been on substance abuse.

1929 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

26. When Petitioner was brought to the Carolinas Medical Center, she was seen by Dr. Warren
Steinmuller, a psychiatrist.

27. At that time Dr. Pleas Geyer was a part-time in-patient psychiatrist at Carolinas Medical
Center. Dr. Geyer subsequently became full-time and the Director of Child and Adolescent Psychiatry at the
Center.

28. When Dr. Steinmuller "rotated off", Dr. Geyer became "AC's" attending physician.

29. When "AC" was first admitted Dr. Steinmuller and Dr. Geyer discussed her condition and
her admission. They both agreed that "AC" was primarily and clearly depressed. They further agreed that
the other activities in which she involved herself, including the drug abuse, were symptoms of her depression.

30. Both Dr. Steinmuller and Dr. Geyer observed that although "AC" had a long history of
problems and treatment for those problems, she had had almost every possible treatment except a thorough,
broadbased, in-patient review. Her treatment, they additionally observed, had previously concentrated on
substance abuse.

31. Both doctors agreed that "AC" was highly dysfunctional and was in great danger.

32. Dr. Geyer testified, and it found as fact, that "AC" did very well at Camp Wilderness because
it was a setting far from her home setting and was extremely structured. Settings such as Camp Wilderness
are frequently successful with children or adolescents who are in an unsavory home setting.

33. Both Dr. Steinmuller and Dr. Geyer believed that after "AC" return from Camp Wilderness,
at which time she was placed back into her original hometown, her condition deteriorated and became
extremely precarious.

34. Dr. Geyer testified, and it is found as fact, that "AC" approached the mental health therapist
with whom she had sex, in an effort to seek exploitation of herself. Once she had accomplished that
exploitation, the improvements she had made rapidly began to deteriorate.

35. "AC" had experienced physical abuse by her mother and her mother's boyfriends.
Additionally, she had been sexually abused by a stepfather.

36. Dr. Geyer testified, and it is found as fact, that "AC" needed a broad review of her treatment
plan and needed a more broadly conceptualized plan of treatment to handle the self abuse, incestuous relations,
depression and abandonment.

37. N.C. Gen. Stat. 108A-25(b) states:

"The program of medical assistance is hereby established as a program of public assistance and shall
be administered by the county Departments of Social Services under rules and regulations adopted by the
Department of Human Resources. "

38. N.C. Gen. Stat. 108A-54 provides, in pertinent part:

"The Department is authorized and empowered to establish a Medical Assistance Program from
federal, State, and county appropriations and to adopt rules and regulations under which payments are to be
made in accordance with the provisions of this part. "

39. N.C. Gen. Stat. 108A-55 provides, in pertinent part:

"Die Department may authorize within appropriations made for this purpose payments of all or part
of the cost of medical and other remedial care for any eligible person when it is essential to the health and

8:19 NORTH CAROLINA REGISTER January 3, 1994 1930

CONTESTED CASE DECISIONS

welfare of such person that such care be provided. . . "

40. N.C. Admin. Code, tit. 10, r. 26B .01 1 1 provides, in pertinent part, that inpatient psychiatric
hospitals are responsible for obtaining certification for persons under the age of 21 in accordance with subpart
D of 42 C.F.R. 441.

41. Subpart D of 42 C.F.R. 441 includes many provisions for the care of a patient but appears
to incorporate only one segment of the disseminated Criteria (i.e., Ill- 1 , 2 and 3) at 42 C.F.R. 441.152.

42. The Medicaid criteria which has been disseminated across the State by the Respondent for
admission of children and adolescents to psychiatric hospitals has not been promulgated as a rule.

43. The Criteria, however, was relied upon by the Carolinas Medical Center and was relied upon
by Respondent in assessing "AC's" admission.

44. That document includes three criteria and states "to be approved for admission the patient
must meet Criteria I, II and III."

45. Criteria number I of the N.C. Medicaid Criteria states:

"Client meets criteria for one or more DSM-IU-R diagnoses. "

(Diagnostic and Statistical Manual of Mental Disorders, Third Edition,

Revised - American Psychiatric Association)

46. Dr. Steinmuller diagnosed "AC" with three DSM-III-R diagnoses; (1) conduct disorder, (2)
major depression, and (3) polysubstance abuse.

47. Dr. Geyer subsequently agreed with that diagnosis and it is found as fact that (a) the conduct
disorder was manifested in repeated running away, lying about drugs and truancy; and (b) that the major
depression was evidenced by at least five of the nine symptoms suggested in the DSM-III-R, i.e. (1) a
depressed mood (which can be irritability in children or adolescents), (2) loss of interests or pleasure in age
appropriate activities (anadonia), (3) psychomotor agitation, (4) feelings of worthlessness, and (5) recurrent
thoughts of death.

48. "AC", like many children and adolescents, denied thoughts of suicide but in children and
adolescents it is frequently necessary to infer suicidal tendencies. In the case of "AC", she had spoken many
times about her drug use and her sexual activity and knew that she was engaging in dangerous behavior. She
acknowledged that this behavior could result in her death and that it probably would, but she did not refrain
from engaging in that behavior.

49. Additionally, "AC" had lost interest in age appropriate behavior. Instead, she engaged in sex,
drugs and prostitution and repudiated activities such as play, dating and school. Further, she expressed no
pleasure in the activities in which she engaged herself, i.e. the sex and drug use.

50. "AC" expressed her awareness that she was probably "headed for death" but that she did not
care, which is an indication of hopelessness, another one of the symptoms of a major depression.

51. Criteria II of the N.C. Medicaid Criteria states at least one or more the following criteria
must be met:

FI.A. Client is presently a danger to self (e,g., engages in self injurious behavior, has a significant
suicide potential, or is acutely manic).

This usually would be indicated by one of the following:

1931 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

1. Client has made a suicide attempt or serious gesture (eg., overdose,
handing, jumping from or placing self in front of moving vehicle, self-inflicted gunshot
wound), or is threatening same with likelihood of acting on the threat, and there is an
absence of the appropriate supervision or structure to prevent suicide.

2. Client manifests a significant depression, including current contemplation
of suicide or suicidal ideation, and there is an absence of the appropriate supervision or
structure to prevent suicide.

3. Client has a history of affective disorder: a) with mood which has fluctuated
to the manic phase or, b) has destabilized due to stressors or non-compliance with treatment.

4. Client is exhibiting self-injurious behavior (cutting on self, burning self) or
is threatening same with likelihood of acting on the threat.

52. Dr. Geyer testified, and it is found as fact, that "AC" was a clear danger to herself and was
engaging in suicidal behavior. It is further found as fact that "AC" clearly met this category in her repeated
elopements, repeated IV drug use and unprotected sex, prostitution, non-compliance with treatments, and
elopements which eliminated structure to prevent suicidal behavior

53. Criteria II-B states:

B. Client engages in actively violent, aggressive or disruptive behavior or client exhibits

homicidal ideation or other symptoms which indicate he/she is a probably danger to others.

This usually would be indicated by one of the following:

1. Client whose evaluation and treatment cannot be carried out safely or

effectively in other settings due to impulsivity, impaired judgment, severe oppositionalism,
running away, severely disruptive behaviors at home or school, self-defeating and self-
endangering activities, antisocial activity, and other behaviors which may occur in the context
of a dysfunctional family and may also include physical, psychological, or sexual abuse.

54. Dr. Geyer testified, and it is found as fact, that Criteria II-B- 1 was "written to describe

'AC

55. It is found as fact that "AC" clearly suffers from impaired judgment, severe oppositionalism,
running away, self defeating and self endangering activities, antisocial activities, a dysfunctional family with
a history of physical and sexual abuse.

56. Dr. Geyer further testified that in children and adolescents suicidal tendencies are often
manifested by a constant preoccupation with death and activity which causes death. In adults, it is manifested
by having a plan, but in adolescents it is manifested by dangerous behavior and consciously courting death
in an imminent way.

57. Dr. Geyer testified, and it is found as fact, that criteria C and D do not apply to "AC".
These criteria will not be reproduced herein and are listed in the Criteria outline in the disjunctive. Thus,
having met Criteria IIA and IIB, it is not necessary that a patient meet Criteria IIC and IID

58. Criteria II-E, which is also listed in the disjunctive, states:

E. Need for medication therapy or complex diagnostic evaluation where the client's level of

functioning precludes cooperation with the treatment regimen, including forced administration of medication.

8:19 NORTH CAROLINA REGISTER January 3, 1994 1932

CONTESTED CASE DECISIONS

This usually would be indicated by one of the following:

1. Client whose diagnosis and clinical picture is unclear and who requires 24
hour clinical observation and assessment by a multi-disciplinary hospital psychiatric team to
establish the diagnosis and treatment recommendations.

2. Client is involved in the legal system (eg., in a detention or training school
facility) and manifests psychiatric symptoms (eg., psychosis, depression, suicide attempts
or gestures) and requires a comprehensive assessment in a hospital setting to clarify the
diagnosis and treatment needs.

59. Dr. Geyer testified, and it is found as fact, that criteria E does apply to "AC", in that she was
in dire need of a comprehensive assessment, that she had a history of prolonged, failed attempts to help her
which had been targeted toward her substance abuse and overlooked her depression and self abuse, and she
was in need of that assessment in a hospital setting.

60. The third and final criteria which must also be met to qualify for admissions according to the
N.C. Medicaid Criteria reads as follows:

AND

HI. To meet the federal requirement at 42 CFR 441.152, all of the following must apply:

1. Ambulatory care resources available in the community do not meet the
treatment needs of the recipient.

2. Proper treatment of the recipient's psychiatric condition requires services
on an inpatient basis under the direction of a physician.

3. The services can reasonably be expected to improve the recipient's condition
or prevent further regression so that services will no longer be needed.

61. Dr. Geyer testified, and it is found as fact, that as to III - 1 - there were no other resources
available in the community, "AC" would not face the fact that she had a problem, many, if not all other
community resources had been tried and had been unsuccessful and inadequate to meet "AC's" needs. He
further testified, and it is found as fact, that "AC" needed a broadly dimensional intensive treatment, a forced
stay in the hospital, and the ambulatory care response in the community had proven to be unable to meet
"AC's" needs.

62. Dr. Geyer testified that it was medically necessary that "AC" receive acute psychiatric
treatment on an inpatient basis under the care of a physician.

63. Dr. Geyer testified that while showing beyond doubt that inpatient services will be reasonably
expected to improve a patient's condition is always extremely problematic, he likened it to a patient who has
suffered a heart attack, stating that if that patient was not admitted to a hospital they may survive or they
might not but it would be unreasonable and foolhardy not to admit someone who had recently suffered a heart
attack. Dr. Geyer further testified that while the prognosis would always be guarded, "AC" could only be
expected to improve with serious and broad based intervention on an inpatient basis.

64. It is found as fact that "AC" met all the Criteria outlined in Part III of the N.C. Medicaid
Criteria.

65. Dr. Geyer further testified that on an occasion previous to December of 1992, "AC" had been
brought to Carolinas Medical Center and it was also recommended at that time that she be admitted as an
inpatient. There was, however, no room and she had been referred to Broughton Hospital.

1933 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

66. Patricia O'Connor is the Quality Coordinator and Utilization Review Nurse at Carolinas
Medical Center.

67. Ms. O'Connor was notified sometime in late 1992, that the admission for "AC" had been
denied by the outside agency Mental Health Management of America (MHMA) for Medicaid coverage.

68. She arranged for a peer review which is conducted by telephone from her office and is
recorded. The peer review is conducted between the attending physician and another physician from MHMA.
That review occurred on January 7, 1993, and was conducted between Dr. Steinmuller ("AC's" physician),
and Dr. Lea veil of MHMA.

69. On January 11, 1993, the admission for "AC" was denied.

70. Ms. O'Connor testified, and it is found as fact, that the medical records for "AC" had not
been forwarded to MHMA at the time of the peer review call and, in fact, that the records were not sent to
MHMA until February 13, 1993, approximately one month after the denial.

Based upon the foregoing Findings of Fact, the undersigned makes the following:

CONCLUSIONS OF LAW

1. N.C. Gen. Stats. 108A-25(b) and 108A-54 provide that the N.C. Department of Human
Resources shall promulgate rules for the payment of medical care under Medicaid for eligible persons.

2. The only rule promulgated which covers the admission of psychiatric patients under 21 (10
NCAC 26B.0111) provides that the admitting hospital must obtain certification in accordance with subpart D
of 42 C.F.R. 441.

3. In Subpart D, 42 C.F.R. 441.152 provides that for inpatient psychiatric services for
independent services for individuals under the age of 21 a team specified in 441.154 must certify that: (1)
ambulatory care resources available in the community do not meet the treatment needs of the recipient; (2)
proper treatment of the recipient's psychiatric condition requires services on an inpatient basis under the
direction of the physician; and (3) the services can reasonably be expected to improve the recipient's condition
or prevent further regression so that the services will no longer be needed; (4) the certifications specified in
this section and in 441.153 satisfies the utilization control requirement for a physician certification.

4. This provision reflects part III of the Medicaid Criteria which had been disseminated by the
Respondent and which is outlined in the Findings of Fact.

5. N.C. Gen. Stat. 150B-2 (8a) provides, in pertinent part, that:

(8a) "Rule means any agency regulation, standard, or statement of general
applicability that implements or interprets an enactment of the General Assembly or
Congress or a regulation adopted by a federal agency or that describes the procedure or
practice requirements of an agency. The term includes the establishment of a fee and the
amendment or repeal of a prior rule.

6. In a 1986 Attorney Generals opinion it was determined that:

When 150B-2(8a) and 150B-1 1(1) are read together, it is apparent that any
procedures, whether formal or informal, that directly or substantially affect the rishts or
procedures of nonagency persons must be adopted as rules . See Opinion of Attorney General
to Elizabeth H. Drury, Director, Office of Legislative and Legal Affairs, Department of
Human Resources, 56 NCAG 25 (1986). (Emphasis added)

8:19 NORTH CAROLINA REGISTER January 3, 1994 1934

CONTESTED CASE DECISIONS

7. N.C. Gen. Stat. 150B-1 1(1) (repealed in 1991) was part of Article 2 of the APA, all of which
was repealed in 1991 and replaced by Article 2A. To a great extent. Article 2 A recodified the procedures
for rulemaking which had previously been codified in Article 2.

8. Article 2 A also enumerated the long-standing tenet that a rule should not repeat the contents
of a law, rule, or federal regulation. [N.C. Gen. Stat. 150B-19(4)]

9. In Administrative Law and Practice (Koch, Charles H., West Publishing Co. 1985),
statements of policy, i.e. non-rules are discussed at Section 3.24. That missive provides, in pertinent part,
that a statement of policy should (a) not purport to establish a "binding norm" and (b) must apply
prospectively.

10. The undersigned concludes as a matter of law that the N.C. Medicaid Criteria clearly falls
under the definition of "rule" in the Administrative Procedure Act, N.C. Gen. Stat. 150B and that except for
Part III, it had not been promulgated as a rule.

11. As a non-rule or a statement of policy, the Criteria has no binding effect on the Petitioner,
except for part III.

12. As noted above, 10 NCAC 26B .0111 adopts the Criteria of Subpart D of 42 C.F.R. 441
(Criteria part III) but does not repeat that federal regulation which is the correct rulemaking procedure under
G.S. 150B-19(4).

13. Since Part III of the Medicaid Criteria was properly adopted as a rule by the Respondent, that
section of the criteria is the only section binding upon the Petitioner.

14. It is concluded that, had the criteria been binding on Petitioner, "AC" met all the
requirements of that criteria and Respondent erred in denying the certification for her admission.

15. It has been found as fact that "AC" met the Criteria in Part III of the Medicaid Criteria and
it is therefore, concluded as a matter of law that the Respondent erred in denying certification for the
admission of "AC" to Carolinas Medical Center on or about December 30, 1992.

Based on the above Conclusions of Law, the undersigned makes the following:

RECOMMENDATION

That the Respondent certify the admission of "AC" to the Carolinas Medical Center on or about
December 30, 1992.

ORDER

NOTICE

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to
furnish a copy to the parties' attorney of record and _to the Office of Administrative Hearings .

1935 8:19 NORTH CAROLINA REGISTER January 3, 1994

CONTESTED CASE DECISIONS

The agency that will make the final decision in this contested case is the Secretary of the North
Carolina Department of Human Resources.

This the 6th day of December, 1993.

Dolores O. Nesnow
Administrative Law Judge

8:19 NORTH CAROLINA REGISTER January 3, 1994 1936

XORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM

1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these,
titles and chapters, are mandatory: Tfie major subdivision of the NCAC is the title. Each major
department in the North Carolina executive branch of government has been assigned a title number.
Titles are further broken down into chapters which shall be numerical in order. Tfie other two.
subchapters and sections are optional subdivisions to be used by agencies when appropriate.

TITLE/MAJOR DIVISION'S OF THE NORTH CAROLINA ADMLNISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER

Administration

Acupuncture

Agriculture

Architecture

Auditor

Auctioneers

Commerce

Barber Examiners

Correction

Certified Public Accountant Examiners

Council of State

Chiropractic Examiners

Cultural Resources

General Contractors

Elections

Cosmetic Art Examiners

Governor

Dental Examiners

Human Resources

Dietetics Nutrition

Insurance

Electrical Contractors

Justice

Electrolysis

Labor

Foresters

14A

Crime Control & Public Safety

Geologists

15A

Environment, Health, and Natural

Hearing Aid Dealers and Fitters

Resources

Landscape Architects

Public Education

Landscape Contractors

Revenue

Marital and Family Therapy

Secretary of State

Medical Examiners

19A

Transportation

Midwifery Joint Committee

Treasurer

Mortuary Science

«1 1

Occupational Licensing Boards

Nursing

Administrative Procedures

Nursing Home Administrators

Community Colleges

Occupational Therapists

Independent Agencies

Opticians

State Personnel

Optometry

Administrative Hearings

Osteopathic Examination & Reg. (Repealed)

Pharmacy

Physical Therapy Examiners

Plumbing. Heatmg & Fire Sprinkler Contractors

Podiatry Examiners

Practicing Counselors

Practicing Psychologists

Professional Engineers & Land Surveyors

Real Estate Appraisal Board

Real Estate Commission

Refrigeration Examiners

Sanitarian Examiners

Social Work Certification

Speech & Language Pathologists & Audiologists

Therapeutic Recreation Certification

Veterinary Medical Board

Note: Title 21 contains the chapters of the various occupational licensing boards.

1937

8:19

NORTH CAROLINA REGISTER

January 3, 1994

CUMULATIVE INDEX

(April 1993 - March 1994)

Pages

Issue

1 - 92 1 - April

93 - 228 2 - April

229 - 331 3 - May

332 - 400 4 - May

401 - 455 5 - June

456 - 502 6 - June

503 - 640 7 - July

641 - 708 8 - July

709 - 792 9 - August

793 - 875 10 - August

876 - 1006 11 - September

1007 - 1184 12 - September

1185 - 1307 13 - October

1308 - 1367 14 - October

1368 - 1512 15 November

1513 - 1568 16 - November

1569 - 1719 17 - December

1720 - 1849 18 - December

1850 - 1941 19 - December

Unless otherwise identified, page references in this Index are to proposed rules.

ADMINISTRATION

Administration's Minimum Criteria, 5

Auxiliary Services, 1724

Low-Level Radioactive Waste Management Authority, 232

State Employees Combined Campaign, 1008

ADMINISTRATIVE HEARINGS

Civil Rights Division, 370
General, 366
Hearings Division, 1480
Rules Division, 367

AGRICULTURE

Aquaculture, 1212
N.C. State Fair, 506
Plant Industry, 513, 1212
Standards Division, 1212
Veterinary Division, 515, 1212

COMMERCE

Alcoholic Beverage Control Commission, 408, 711, 1310

Banking Commission, 408, 798, 1312

Cemetery Commission, 810

Credit Union Division, 1724

Savings Institutions Division: Savings Institutions Commission, 461

8:19

NORTH CAROLINA REGISTER

January 3, 1994

1938

CUMULATIVE INDEX

State Ports Authority, 811, 1570

COMMUNITY COLLEGES

Community Colleges, 1527

ENVIRONMENT, HEALTH. AND NATURAL RESOURCES

Coastal Management, 279. 571, 962, 1405, 1862

Comprehensive Conservation and Management Plan, 882

Departmental Rules, 465

Environmental Management, 210, 556. 658. 797. 893, 1254, 1748, 1858

Health Services, 283, 335, 425, 465, 572, 709, 762, 966, 1098, 1417, 1663, 1782, 1850

Marine Fisheries, 28, 568, 1573

Mining: Mineral Resources, 829

NPDES Permit, 710

Radiation Protection, 1662

Soil and Water Conservation Commission, 214, 1322

Vital Records, 1525

Wildlife Resources Commission, 32, 663, 831, 965, 1255, 1409, 1613, 1723, 1773

Wildlife Resources Commission Proclamation, 1851

Zoological Park. 337

FINAL DECISION LETTERS

Voting Rights Act. 4, 407, 460, 795, 880, 1371, 1514, 1569, 1722

GENERAL STATUTES

Chapter 7A, 1185
Chapter 150B, 1187

GOVERNOR/LT. GOVERNOR

Executive Orders, 1. 93. 229. 332. 401. 456, 641, 793, 876. 1007, 1209, 1308, 1368. 1513. 1720

HUMAN RESOURCES

Aging, Division of, 815, 1372

Blind, Services for the, 884

Deaf and Hard of Hearing, Services for the, 650

Facility Services, 94, 883, 1014, 1215, 1312, 1519, 1725

Medical Assistance, 25, 414, 553, 712. 888. 1316. 1742

Medical Care Commission. 644. 1312

Mental Health. Developmental Disabilities and Substance Abuse Services, 7, 413, 516, 1086, 1217,

1852

Social Services Commission, 237, 733, 1091, 1376, 1743

ttJSURANCE

Actuarial Services, 555, 657, 1249, 1321, 1403
Agent Services Division, 1399
Engineering and Building Codes Division, 1248
Financial Evaluation Division. 1093, 1317
Life and Health Division. 1094, 1318. 1400
Medical Database Commission, 463, 737
Property and Casualty Division, 1400
Special Services Division. 1096

1939 8:19 NORTH CAROLINA REGISTER January 3, 1994

CUMULATIVE INDEX

JUSTICE

Alarm Systems Licensing Board, 761

Attorney General, Office of the, 28

Criminal Justice Education and Training Standards Commission, 253

Criminal Justice Standards Division, 241

Departmental Rules, 1096

Private Protective Services Board, 252, 890

Sheriffs' Education and Training Standards Commission, 738

LABOR

OSHA, 97, 231, 278, 892, 1523, 1744

LICENSING BOARDS

Architecture, 43

Certified Public Accountant Examiners, 1418

Chiropractic Examiners, 1806

Cosmetic Art Examiners, 969, 1526

Dental Examiners, State Board of, 763

Electrolysis Examiners, Board of, 841, 1457

Foresters, Registration for, 674

Geologists, Board of, 285

Landscape Architects, 1256

Medical Examiners, Board of, 591, 1458, 1685

Mortuary Science, Board of, 45, 342, 971, 1461

Nursing, Board of, 1463

Nursing Home Administrators, 346

Occupational Therapy, 1469

Opticians, Board of, 1261

Pharmacy, Board of, 47, 354, 1326

Physical Therapy Examiners, 53, 767

Plumbing, Heating and Fire Sprinkler Contractors, 360

Practicing Psychologists, Board of, 844, 1807, 1880

Real Estate Commission, 53, 364

Refrigeration Examiners, 1148, 1526

Social Work, Certification Board for, 428, 1808

Therapeutic Recreation Certification Board, 1328

LIST OF RULES CODIFIED

List of Rules Codified, 61, 290, 432, 593, 769, 845, 1264, 1535, 1687, 1881

PUBLIC EDUCATION

Elementary and Secondary Education, 427, 470, 1873

SECRETARY OF STATE

Land Records Management Division, 1792

STATE PERSONNEL

Office of State Personnel, 286, 972, 1262, 1472

STATE TREASURER

Local Government Commission, 1795
Retirement Systems, 337, 1146

8:19 NORTH CAROLINA REGISTER January 3, 1994 1940

CUMULATIVE INDEX

TAX REVIEW BOARD

Orders of Tax Review, 503, 1516

TRANSPORTATION

Highways, Division of, 669, 836
Motor Vehicles, Division of, 1145, 1875

1941 8:19 NORTH CAROLINA REGISTER January 3, 1994

NORTH CAROLINA ADMINISTRATIVE CODE

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